Hello!
I live in Spokane, WA and I am renting to own my property. Where we live the land was originally divided up into acres. Some families had one acre plots and divided them in half. I live on one of those plots. What has happened is that the people who had lived behind us knew where the property line was. It is about 3 or 4 feet from their front porch. Our landlord knows this and had a verbal agreement with them about where the property line was. They wanted more property and agreed that they would take care of said property knowing that the part was not theirs. They had since sold and did not tell the new owners the exact spot of the property line. The new neighbors had begun to build a fence on that part. We had told them where the property line really is. They say they have bought it as the old owners said the it is theirs now. We did let the land lord know of what is going on. I just want to know where the line truly is. We are buying this property and want what is legally to be our land. What can be done legally. It is currently raining cats and dogs outside and the neighbor is still putting up the fence. Our land lord believes that once proven where the land is that the fence can be torn down. What can be done?

Property lines are where they are in the deed at the court house, when the bought the property, they would have agreed to buy the exact property as listed at the court house. If they fail to have the property surveyed, that is there error.

If they are building on your land, you will have to get a survey done, and if the fense is on your land, it will have to be torn down.

There is a law of adverse possession in some states, but seldom used or allowed anymore, but it requires 7 to 15 years of use and living on the property under many conditions.

I'm assuming you want amicable relations with the neighbors. So I would go to the courthouse and get the plat records showing the property lines. I would then sit down with them and tell them you are sorry they were deceived by the previous owners, but the recorded deed shows that the property line is where you said it was. Tell them, you will be glad to share in the cost of a survey to confirm where the line is.

As Chuck indicated I doubt if adverse possession applies here. The landlord gave permission for the USE of the property in return for caring for it. But that doesn't allow them to take ownership. They might be within their rights to prevent you from building a fence on the actual property line, since it might be held that they inherited the easement. But that doesn't give them to right to build on the property.

It is all about the survey. If you have a contract that establishes your rent to own, that should have included the plot survey and title search. Verbal agreements will not hold water.

Hello rad:

The only problem with the above advice is you AREN'T the owner of the property. You're a tenant. That means you have NO standing to argue with the neighbors.

In your rent to own or purchase agreement, you should have the property detailed as to where the lines are. Before you actually close on the property, if you ever do, you can ask your landlord/seller to provide title insurance and a survey. That should protect your interests when you HAVE interests.

What I'm saying is that this is your landlord's problem. That's who I'd be dealing with. If he wants you to buy his property, then he should be making sure WHAT property you're talking about.

He's right, though. Once proven who owns the land, the fence can be torn down. Sooooooo, what's he waiting for?? I'd ask him that question, in writing, sent certified...

excon

I was thinking about mentioning the issue that excon raised. He's right that you have no legal standing. But that only comes into play if you need to go to court. As a person with a vested interest in the property, I see no problem with you having an amicable discussion with the neighbor. But, if push comes to shove and you need to go to court to get them to move or remove the fence, then the actual owner of the property (your landlord) will have to file as plaintiff.