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If I own a house acquired in 2004 that had a fence already…

If I own a...

If I own a house acquired in 2004 that had a fence already installed and in 2018 the neighbor claims it is not on the property line can I claim prescriptive easement?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No. I wanted to see if I have a case. Also the fence was installed by owner of my house and there have been two other owners of the neighbors house

Lawyer's Assistant: Where is the house located?

Brentwood tn

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Answered in 12 minutes by:
5/14/2018
legalgems
legalgems, Arbitrator
Category: Real Estate Law
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 3 months ago
waiting to hear answer
Customer reply replied 3 months ago
still here

Here is the code that addresses boundary fences as property lines:

Part 2. Partition Fences § 44-8-201. Definition Partition fences, within the meaning of this part, are fences erected on the line between lands owned by different persons; but no owner of land is compelled to allow a neighbor to join a fence exclusively on that person's own land.

A homeowner can also claim title to land that they do not legally own under the doctrine of adverse possession; this requires an open, continuous and hostile use of the land; please see:

http://www.tnstate.edu/extension/documents/Adverse_Possession.pdf

Under code 20-33-7-2, -

thank you- sorry, it takes some time to review the various statutes and then type a response; I'm almost done; thank you for your patience.

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Under code 20-33-702, it takes 7 years if one has "color of title"; otherwise it is 20 years.
Color of title means some type of document that shows the person has a claim.

Further questions please post here.

If no further questions kindly rate positively so the site credits me for my time.

The above information is for educational purposes only; if one seeks legal advice please contact the local bar association for a referral to a licensed attorney in your area that is able to review your case in a private, confidential setting and will be able to tailor advise specific to your situation.

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Customer reply replied 3 months ago
I don't want title to the land --I just don't want to move the fence. can prescriptive easement apply and can you do it if the fence was up 17 years?

Unfortunately a prescriptive easement is a form of adverse possession and that as well requires 20 years;

Please see case law here

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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