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  1. #1
    Join Date
    Jun 2005
    Posts
    2

    Default Dispute Over Placement of a Property Line Wall

    I purchased my home in 1999 and was greated by the neighbor behind me the weekend I moved in with "hi, the wall that borders our property in your backyard is on my property line". The wall had been built in 1990 by the previous owner and my neighbor complained at that time that the wall that was constructed was 4 to 18 inches on his property line. My neighbor has not filed a claim to the city in 15 years of his dispute.

    3 months ago, I repaired a 4 foot section of the wall that had been falling down due to the lack of re-bar in the wall. I have two children, and having them play in the backyard worried me around the section of the unstable wall (keep in mind I did not move the wall). I repaired that section and was threatened by my neighbor that he was going to tear down the wall. Please note that I have asked him a number of times to show me proof of the property line which he can not do.

    He has informed me via letter that on June 9th a surveyor will be coming to my house to perform the needed survey. He has also infomed me that he will be tearing down the wall 2 weeks after the survey is done.

    I can't imagine that this guy has a case after 15 years of doing nothing, and I also would be stunned to hear that you can just tear down a property divider once a hired surveyor has come out. If my neighbor is correct, what are the next steps that need to take place on my behalf to protect myself from any trespassing issues? In addition, what should I be asking of the surveyor on Friday morning? I can't believe I am having to deal with this issue. Please adivse.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Adverse Possession Claim

    You may have an adverse possession claim, depending upon the laws of your state. You should consult a local real estate attorney about the laws of your state, and the possibility of seeking an injunction and pursuing a "quiet title" action in the event that the survey shows the wall to be on your neighbor's property.

  3. #3
    Join Date
    Jun 2005
    Posts
    2

    Default

    Thanks for the advise, I will look into "quiet title". I guess I need to get to point of weather or not I am willing to spend the money in legal representation over a $2,000 wall being moved 6 to 18 inches.

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