My husband and I purchased our house 2 years ago. There was a fence in the back, rounded in one corner, which we always suspected was cutting off a piece of our property. We had a survey performed, because the fence is unsafe and falling down in places. We would like to replace it on the actual property line, which indeed is a good 4 feet beyond the fence. We notified our neighbor of our intentions, and he does not want the fence moved and is stating the adverse possession would apply here. We do have an old survey from 1986 that shows the fence was placed about this time. The monument that was present in the disputed corner in 1986 to mark the property line was gone when our survey was conducted - obviously removed by someone.

My question is, can this neighbor honestly just take away our property? Should we just move the fence and hope he doesn't take us to court? If he did take us to court, would he have to prove the old neighbors were not telling him that he could borrow that space, thereby nullifying any claim? Should we file a "quiet title" - does this even apply here? Can we take down the fence for a month, therefore reestablishing our usage of our property, and then put up a new fence? Any help with these questions are appreciated. It is very frustrating to think we may lose land we rightfully bought only 2 years ago.

Adverse possession has a few requirements. Where do you live? You had a survey done so you have a marker at the correct corner of your lot, anything on your side of the line is your to remove, you do not need his permission. If he took care of the property for the required time he should have exercised his possession to the previous owner.