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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37063
Experience:  16 years real estate, Realtor. Landlord 26 years
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WA State BEnton County, if I build a fence 14 inches inside

Customer Question

WA State BEnton County, if I build a fence 14 inches inside my property line do I lose the rights to the property outside the fence
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Are you maintaining the land on the other side of the fence?
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Or is the neighbor doing so?
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If the neighbor is doing so, how long have they maintained the land?
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thanks
Barrister
Customer: replied 2 years ago.
The land has a 10 inch concrere strip running down it then nothing the neighbor has n
mowed some weeds and dirt but that was only three times last year
Customer: replied 2 years ago.
Also I had the board side but towards my home now the neighbor is upagainst the boards with chunks of broken curbing
Customer: replied 2 years ago.
This same neighbor broke the fence with a front end loader a week after it was up and then let an old shed on his property fall on the fence and he refused to move it. He also told me to get off his property when I went to ask him about removing the shed.
Customer: replied 2 years ago.
Both times I had to get code enforcement to make him see a need to remendy the issues.
Expert:  Barrister replied 2 years ago.
Ok, from a purely legal perspective, if the fence is inside the property line and the legal owner doesn't maintain it, then if the neighbor does, he can legally claim ownership after a statutorily prescribed period of time under the legal doctrine of "adverse possession". That period in WA is 7 years of uninterrupted, hostile, continuous use. (Washington Code §7.28.050-.090)
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So if a neighbor maintains that 14 inch strip for over 7 years, they can legally claim it by filing a lawsuit called a "quiet title" action and provide proof that they have met the statutory requirements to be able to legally claim it as their own property.
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thanks
Barrister
Customer: replied 2 years ago.
Thank you I will now gate the fence and lay a cover of rock. P S can you send your answer to my email:***@******.***
Expert:  Barrister replied 2 years ago.
You are very welcome. Glad to help any time.. I might suggest putting down landscape fabric under the rocks so you don't have to deal with weeds coming through (I just recently did the same thing).
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As for emailing, I don't have any way to do so as I am a user of JustAnswer's website like customers. As an independent contractor, when I want to save something, I will copy it and paste it into a Word document so I have it saved. But I do know that the question and responses will always be available to you through your account with JustAnswer.
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thanks
Barrister

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