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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We have land that has been under fence since 1953. There

Customer Question

We have land that has been under fence since 1953. There never a word said about the fence from the first owners. About ten yeasts ago the land changed hands twice. The last owner had a survey run that shows a small portion of there land had been fenced up by my family.they ade now claiming that land also there is a road between these two properties that has been used by the public and my mother in law since she was born. She is 94 yeasts old this past November 11. The other property owner do not want her to set foot on that road. This road runs 1320 feet between the two tracks of land. She and her husband put the fence up in 1953. They have raised crops, raised cattle and in about 1960 planted this land in pine timber. In about 1990 they thinned the timber and hauled it out on this road. We think we should have a proscriptive easement on this road from usage and the land behind this fence should be ours. We had a survey run that shows our property line runs on the edge of the road for about seven hundred feet then veers across this fence onto our property from one to fifteen feet for the next seven hundred twenty feet. What do you think about this situation?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Your grandmother should have a strong claim for adverse possession if she has fenced and occupied the property for more than 60 years. Generally, the existence of a fence is all that is required in order to establish adverse possession.

Expert:  Roger replied 1 year ago.

I'm obviously not aware of all the facts and what was presented at trial...or what was pled/claimed. But, it really surprises me that a claim for adverse possession wasn't sustained IF that is what your grandmother claimed in order to establish ownership of the property.

Expert:  Roger replied 1 year ago.

Thus, it is likely that an appeal is a good idea in order to have a new judge review your grandmother's claims for adverse possession.