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  1. #1
    Join Date
    Mar 2008
    Posts
    4

    Default Neighbor Claiming Our Land Is His

    We just bought our house 1 1/2 yrs ago and had a survey done so we could get a building permit to add onto our house. After the survey was done we found out that our neighbor's fence on the north end of our property is on our property 32 ft x 586 ft. The fence posts have been there about 21 years and the actual fence a little less than that...this property is currently used for pasture land for 4 cows. He truely believes the fence is where the boundary line is...and we are not getting anywhere with him as he is a complete jerk...he won't look into the matter, he just keeps saying that land is his. We have been calling him and asking him politely to move his fence for about 7 months now. Can we legally move his fence off our property? We are trying to avoid court as the cost of lawyers is not worth the cost of that land...If he takes us to court do you think we would have a chance of keeping that land? Our Surveyor says to just give him the land to avoid an expensive land battle...Any advice would be great. Also, I live in Minnesota

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Neighbor Claiming Our Land Is His

    You can cede him the land. You can tear down the fence and see if he sues you or calls the police. (You probably want to give the police a "heads up" if you decide to act unilaterally.) You can negotiate a settlement. You can sue.

    Perhaps somebody else can think of other options, but those are the ones I see.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Neighbor Claiming Our Land Is His

    I would try to head off any upcoming adverse possession claim by immediately sending the neighbor a certified letter with signature receipt stating that it is your property, the fence is your property, and that he may continue to use your land up to the fence line UNTIL FURTHER NOTICE from you. Making the use permissive basically halts any claim on your land which he has not already acquired. It will give you time to decide what to do in the longer term.

    Have your attorney do the letter if it can be done quickly. You are not looking at a huge cost to get a letter out.

    When I read the words "about 21 years" I could just smell an adverse possession case coming down the road........

  4. #4
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Neighbor Claiming Our Land Is His

    Quote Quoting LandSurveyor
    View Post
    I would try to head off any upcoming adverse possession claim by immediately sending the neighbor a certified letter with signature receipt stating that it is your property, the fence is your property, and that he may continue to use your land up to the fence line UNTIL FURTHER NOTICE from you. Making the use permissive basically halts any claim on your land which he has not already acquired. It will give you time to decide what to do in the longer term.

    Have your attorney do the letter if it can be done quickly. You are not looking at a huge cost to get a letter out.

    When I read the words "about 21 years" I could just smell an adverse possession case coming down the road........

    I would add, attach a copy of a recent boundary survey, showing that you own the place.

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