Land Survey made my property larger than my existing fence, now what?

I just had my property surveyed and found out that my property line is 12 feet longer than where my existing fence is. Will my neighbor have to buy that land from me if they want me to keep my fence where it is? What about squatter's rights?

Land Survey made my property larger than my existing fence, now what?
There are many facts specific to every case of boundary disputes that ultimately determine the outcome. The correct answers to your questions really depend upon how long the fence has been there %26amp; how you %26amp; your neighbor (and any previous owners) considered where the boundary is at, and other factors as well.





Your neighbor will not have to buy the land from you, if they can successfully argue that the fence has formed a "boundary by acquiescence" or they have obtained the land by adverse possession. "Squatter's rights" are 'adverse possession' under the law. The length of time for that differs by state, and you can probably find the time if you look for "statute of limitations" in your state's statutes.





I would move the fence. Now that you know the true boundary, the clock will be ticking against you for adverse possession %26amp; acquiescence. But first, you will want to check if any other survey was filed (especially one done by your neighbor) that shows the boundary as where the fence is now located. You could end up in a battle of the surveyors!





Additional comments: Since your neighbor has a shed and a concrete wall, how long they have been there could work against you, as any action (or inaction) by the previous owner(s) will be counted in the time for calculating boundary by acquiescence and/or adverse possession. Plus, the neighbor will probably not want to move the shed and wall, as he probably thought that the old fence was the boundary line. I wouldn't just remove the structure after 30-day notice (as suggested below) without seeking legal counsel. To do so will just be asking for trouble. If you did so and your neighbor prevailed in proving title in their name, you could be responsible for the costs of rebuilding it (and moving the fence to where it was before)! Before you get into a legal battle, you might want to approach your neighbor about purchasing (all or a portion of) the land from you. If you can agree, then you file the survey and have the property boundaries adjusted for tax purposes.





EDIT FOLLOWING HEXELIEBE'S COMMENTS:


If the property were in New Mexico, the clock would not be reset upon your purchase, %26amp; Hexeliebe's analysis would be completely wrong. I hope that the answers received demonstrate the wisdom in seeking legal advice from an attorney in your state before taking any action to move the fence or tear down your neighbor's wall if your neighbor doesn't first agree. I also think that the longer the fence and wall have been in place, the more important seeking legal advice becomes.
Reply:Actually Charlie, without 'color of title' or the state in which this is happening, OR without continued use for at least 5 years, it is highly unlikely that Adverse Possession will be allowed.





One of the requirements is open and notorious use, color of title and payment of taxes on such a piece of disputed land.





And a prescriptive easement must also be claimed before such can exist.





Therefore, without any further facts, my advice would be to move the fence and remedy the situation IF you are sure the survey is true and correct.





EDITED BASED ON ADDTIONAL INFO:





There are two items you must do now:





1. send the neighbor a (NICE) Certified (RRR) letter demanding the offending structure be removed within 30 days from receipt of the letter as you plan on errecting a true and correct fence as per your survey. If he does not, or doe not answer, you will take is failure to act as permission to dispose of the offending property and sue for recovery of all costs therein associated, and;





2. Once the 30 days has expired, remove the structure(s) and errect your fence.





EDITED BASED CHARLIE'S RESPONSE:





While I agree that consulting an attorney in the matter is prudent, if you have practiced property law for any length of time you know that the person asserting a claim of Adverse Possession must do so under the provisions as stated in the statute and without a pause in the length of time required to possess such land.





The purchase of the property controls. If the pre-sale survey listed the property in dispute and the neighbor has no legal right to such land under color of title, then Adverse Possession is an assertive right which has not yet been asserted and now can never be absent a title in dispute.





The clock has started anew on this issue.





But then, I've only been practicing law for 35 years. What do I know?
Reply:I doubt that your neighbor can claim anything like that. If you want it back you will probably have to move your fence. It might be worth it if nothing else for the resale value.
Reply:Depends on if you want to put the effort into moving your fence. Also, is that part of the property possibly easement? It is your decision to move your fence or if you are okay with your neighbor using that 12 feet. You can offer to sell it to him, but it doesn't have to be in your fenceline to be your property.





Charlie is right too if the fence has been there a while it may already be your neighbor's property.





Whatever happens try not to start a dispute with your neighbor, we had a water rights dispute with our neighbor and it can prove stressful for a long time.
Reply:The short answer is that this is a civil matter between you and your neighbor. Techicaly, if you own that additional 12 feet, you have the right to place your fence on your property line.





If your neighbor has a retaining wall on your property, they should have a survey done so they know where there property line is. Either way you will need an attorney to sort out issues regarding squatters rights and land purchasing.
Reply:will do the wiki thing since I don't know much -- http://en.wikipedia.org/wiki/Adverse_pos...

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