[sharpejoe]

We moved into West Long Branch, NJ 1.5 years ago. The house was purchased from the children of the previous owner, who was deceased. It was November. The title search that was done when we bought the house was clean and showed no claims for easements.

In the spring I was cleaning the front side yard, trimming the bushes back to the property line, when my neighbor came over and told me that those were his bushes, and that was his property, 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 illustrates 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 through adverse possession.

Also the fence in my back yard skews off at an angle leaving 3.5 feet of my property on the other side. He had been dumping debris back there before we moved in which he is also claiming is now his (assume it was him dumping as that is the only access). He has been dumping debris back there before we moved in (assume it was him as that is the only access).
I noticed that he continued cutting through the front (side) of my yard and so I put up a makeshift fence (tomato cages).
Again this spring the same thing happened as I was trimming the bushes.
I would like to move the backyard fence to the property line, (my 3.5 feet), and put a split rail fence on the front side.
Does he now own the front side property as well as the 3.5 feet in the back?
Thanks
:confused:

[George_1950]

Great question! Get the best real estate lawyer in your town and sue him.

[ScottGem]

Its possible, but not definite. First, with the bushes, he would have to prove he planted them and that the previous owner was aware of the encroachment and did nothing about it. The backyard fence is harder, since the previous owner must have erected it and left that space in limbo.

I would consult with a real estate attorney. Have a surveyor come in and stake out the property boundaries, then see if you can have these boundaries affirmed by the county. Send the neighbor a letter stating that your surveyor has indicated the boundaries according to the deed registered with the county. That you will be erecting a fence along the property line on x date. It will then be up to him to file suit to get an injunction against you. If the neighbor wants to claim adverse possession the burden of proof is on him.

[LisaB4657]

The neighbor doesn't own that property until a court says that he does. He may qualify for ownership by adverse possession but he will have to prove it to the court. In the meantime you can do what you can to "save" your property. Just remember that you shouldn't put a fence right on the property line. It should be inside the property line by at least a foot to allow you access to the other side for maintenance and repairs.