Adverse Possesion in Idaho

[hpcampbell]

My question involves real estate located in the State of: idaho
I live in a fairly new subdivision and when we were landscaping we missjudged one of the property lines. The front marker is correct but the back marker is not. We used a mid marker which left 66 feet of my property to the neighbor on an angle. He has set up his yard on that land. I just found out about it as he is looking to sell and checked the listing and noticed the mistake. i am not sure if he is away of it yet or not. It has been 5 years since the yards have been planted. My question is what are my rights to that land and how should it be handled?

[flyingron]

Chances are there is no valid cause for adverse possession. The property is as stated on the land records. If he sells it the five year clock starts over with the new owner.

[hpcampbell]

Thanks. So after 5 years does it become theirs? what is teh best way to handle it with them? Having them move to the proper line is not an easy task nor desired.

[jk]

the statutes I find require an adverse possession of 20 years and the payment of taxes to boot.

Regardless of what may or may not be actionable by the possessor, it is always in your best interest to nip things like this in the bud. You need to explain the situation to the neighbor and kindly ask him to relinquish any activities upon your land without your express permission. I would also contact the real estate agent involved and alert them to the situation so they do not misrepresent the lot to a prospective buyer.

and you wouldn't be moving the property line, just that acceptance of where it actually is. What is the reason for not wanting to claim your property (at least that is what it sounds like to me anyway)

[hpcampbell]

Its not that i dont want to claim the land back. i do. It is just that they (good people) have spent a great deal of money to landscape it as part of their backyard. Moving to the real property line would be expesive and since we both thought it was right before, the cost should be shared. It will also put my backyard just off their back patio due to the angle. Also as part of it, their house (that he built) is less then 5 feet from the real line.

[jk]

It sounds like you might want to consider selling him that section of land. If so, make sure it is possible under any CC&R's or HOA rules.

[hpcampbell]

That sounds like a good idea. Thanks for the advice.

[antrc170]

It sounds like you might want to consider selling him that section of land. If so, make sure it is possible under any CC&R's or HOA rules.

I agree with the suggestion to sell. If you don't want to, or can't sell the property I suggest issuing a certified letter (or a mutual acknowledgment if they'll sign one) to the neighbors detailing that due to a mistake in the presumed property line they have been utilizing xx feet of your property. However, due to the nature of the use and expense already applied you are granting them permission to use the property until further notice. Adverse possession requires that the person be hostilly using the property. By giving them permission to use the property you've taken the first step in ensuring that even if the relationship sours you have they cant claim the land.