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I tore out a fence line that had been there for 10+ years. I…

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I tore out a fence...
I tore out a fence line that had been there for 10+ years. I took out trees brush and built a 50x100 shed on my side of the old fence line. I replaced the fence with all new. Now the neighbor had a survey done and the property line goes right through my shed. My question is Adverse possession? Do I need to move my shed? I have only owned the property 15 months but the people before me owned it 40+ years. I live in Nebraska.
Submitted: 1 year ago.Category: Real Estate Law
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Answered in 41 minutes by:
8/1/2017
Real Estate Lawyer: Barrister, Lawyer replied 1 year ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,631
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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You can claim the land through adverse possession using the legal doctrine of "tacking" which allows you to add on any prior owner's use of the land to yours to meet the statutory time requirements of 10 years hostile use and possession.

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So if the neighbor filed a trespass lawsuit, you would file a quiet title counterclaim under adverse possession and a judge would then issue an order declaring you to be the legal owner of the land on your side of the fence..

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thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 1 year ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

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