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legalgems
legalgems, Arbitrator
Category: Real Estate Law
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We had our property surveyed and learn that our real

Customer Question

We had our property surveyed and learn that our real property line is about 90 feet off. We are in a rural area and farm the land, our neighbor is also farming the 90 x 1320 feet of land. Do we have the right to fence the land according to the survey and Washington state law?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Washington
JA: Has any paperwork been filed?
Customer: The surveyor will be submitting to the county in the next few days
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this time
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  legalgems replied 5 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 5 months ago.

An owner of the land may fence off their property; however the owner would need to ensure that no third party has a right to that land-for example, via adverse possession.

Here are the requirements for adverse possession:

RCW 7.28.070

Adverse possession under claim and color of title—Payment of taxes.

Every person in actual, open and notorious possession of lands or tenements under claim and color of title, made in good faith, and who shall for seven successive years continue in possession, and shall also during said time pay all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of said lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, devise or descent, before said seven years shall have expired, and who shall continue such possession and continue to pay the taxes as aforesaid, so as to complete the possession and payment of taxes for the term aforesaid, shall be entitled to the benefit of this section.

So if the other party has met all the above, they can bring an action to have the deed reformed to indicate their ownership.

If the other party does not satisfy the above, then the original owner remains the owner and may do as they wish with their property.

A problem can arise if the neighboring deeds are contradictory; sometimes there is an overlap of several feet (rarely 90 feet) so often the neighbors will both get their property surveyed to determine where the property line is, based on the 2 adjoining deeds.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 5 months ago.
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Expert:  legalgems replied 5 months ago.

I don't have access to your individual account as I am an individual contributor.

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Thank you and enjoy your day.

Expert:  legalgems replied 5 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html