[transakt]

-This is about property line protection in Seattle--

I own and have lived for 20 years in the first house built on my block (1901). The property next door was recently sold to a developer by a woman who had lived in her house for over 50 years. The developer has remodeled that house and subdivided the lot so that the house is in one 30 foot lot and the other 30 foot lot (next to my property) is vacant. He now intends to build a skinny house there.

The problem is, his surveyor determined the property boundary is ~15 inches inside my fence, a fence which has been standing there for over 50 years and was placed there originally after my neighbor had a surveyor stake the boundary. This fence is less than 4 ft. from the edge of my house and current property setbacks here for new construction are supposed to be 5 ft minimum. The developer now needs to gain another foot of lot width or his lot measures only 29 ft wide and a foot short of minimum requirements. Interestingly enough, the developer's survey (the one which shifts the property lines 15") places his other property line well under the eave of the standing (existing) house. Can a boundary line be shifted if the effect is that part of the roof now juts beyond the lot line?

But my real question is, is there some way I can establish and protect my long-standing property line permanently? And can it be done without hiring a lawyer?

[squackmaster]

You'll have to get your own survey done, at a cost of $900-$1500. It's not cheap, but this is the only way to prove where the real property line is. Good luck!

[ScottGem]

You need to do two things. First get your own survey. Second, show how long the fence has existed. Under the doctrine of adverse possession, (see Trespass, Adverse Possession & Easements) even if the survey shows your fence is on the wrong side, if its existed long enough then the land could be deemed to be yours.

I would seriously consider getting a real estate attorney to handle this for you.