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-   -   Adverse possession (https://www.askmehelpdesk.com/showthread.php?t=208379)

  • Apr 22, 2008, 06:50 AM
    sharpejoe_2008
    Adverse possession
    We moved into West Long Branch 1.5 years ago. It was November.
    I noticed he was cutting through the front (side) of my yard and I put up a makeshift fence (tomato cages).
    In the spring I was cleaning the front side yard, trimming the bushes, when my neighbor came over and told me that those were his bushes because he had been cutting through that area and taking care of them for the last 30 years. I showed him the survey which clearly shows that it is my property.
    He told me that he didn't care what the survey said, they were his bushes and that was now his property.
    Again this spring the same thing happened.
    The fence in my back yard skews off at an angle leaving 3.5 feet of my property on the other side. Which he is also claiming is now his. He has been dumping debris back there before we moved in (assume it was him as that is the only access).
    The title search that was done when we bought the house shows no easement claims.
    Does he now own that property as well as the front side ?
    I would like to move the backyard fence to the property line and put a split rail fence on the Front side.
    Thanks
    :confused:
  • Apr 22, 2008, 06:55 AM
    JudyKayTee
    There was a length recent discussion about this same thing - the property just doesn't become "his" because he has maintained it (or whatever he's been doing). There are various conditions that must be met and they vary by State.

    I would start with having an Attorney write a letter, explaining the law, or your fence installers are going to get in a confrontation or else you eventually will.

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