Purchasing a home where an encroachment is shown. A fence has been there for years. Am I entitled to land?

The fence lies on the property I purchased. The neighbor is claiming the rights to the land and threatens with a lawsuit unless i give $5000 for the 12 feet. The survey shows that my property line in fact is 12 feet from where the fence is located. This has been like this for many years. I understand an attorney will work best for me, but I'm curious if anyone has input on the matter. Because the fence has been there for years and years does that mean that those 12 feet now belong to him or does it still belong to me?

Purchasing a home where an encroachment is shown. A fence has been there for years. Am I entitled to land?
What the neighbor is claiming is called "adverse possession." It requires that the taking is open and "notorious" and without your permission. The time frame is determined by state law, it could be 10 or 20 years.





On the other hand, did you get title insurance when you bought the house? If your title insurance policy did not list the encroachment as an exception on schedule B, you can make your title insurance company fix the problem.





You may also have a claim against the company that surveyed the house when you bought it if the survey did not show the encroachment.





If the fence is on your land, tell your neighbor it will cost him $5000 for you not to tear the fence down.
Reply:Definitely contact an attorney to find out the specifics of your state's law but here in PA, the land would not be his. There is something called adverse possession but the fence would have needed to be there for 30 years and he would have to file a deed in the courthouse claiming ownership. I don't believe that the neighbor has any legal rights at all and chances are they haven't looked into it with an attorney yet or they would know that. Good Luck!
Reply:I am not an attorney and you still need to speak to an attorney.





However, the neighbor has a claim to the adjoining 12 feet due to the fact that it has lied on his side of the fence for a number of years.





You have a number of options.





If you purchased the property with the expectation that the 12 feet belonged to the purchase, you should ask the seller to pay the neighbor and have a release signed by the neighbor waiving the claim to the 12 feet.





If you purchased the property with the expectation that the 12 feet belonged to the neighbor you could ask the neighor to pay you to remove your claim to the 12 feet. The neighbor may have challenges selling his property with the fence in the current location.





Finally, if adding the 12 feet adds to the value of the property and $5000 is a fair price you may consider adding it to your purchase.
Reply:What's yours, is yours. You need to check you local laws and make sure you get an up to date actual survey done. THen check with a lawyer and see if you actually have a right to go ahead and simply tear the fence down yourself. If you do, my suggetion would be to notify your neighbor, through a certified letter via an attorney, that he has so many days to move the fence before YOU take action.
Reply:CHECK YOUR PLOT PLAN ONFILE AT THE REGISTRY OF DEEDS. THIS SHOWS YOUR PROPERTY LINES NO MATTER WHERE THE FENCE IS. WE ALLOWED OUR NEIGHBORS TO BUILD THEIR FENCE ON OUR LAND TO ACCOMODATE SMALL CHILDREN, BUT THE LAND IS STILL OURS.DON'T LET THEM BUFFALO YOU!
Reply:i think the land belongs to you in any case i wouldnt pay for the land until i got legal advice
Reply:alot of that depends on what state you live in, and what your county laws are.