After 11yrs, neighbor is wanting to move fence.

[susysitdown]

What is the name of your state? Arkansas

My mother in law bought her home 11 years ago. Her neighbor already lived there and had already put a fence up around her back yard. My mother in law has planted plants, flower and trees along the fence area and has gardened there for the past 11 years. Yesterday her neighbor came to her and told her that she has decided to rebuild her fence and that it was actually supposed to be 3ft over. So she has told my mother in law that she will be taking back her 3ft of land and ripping up all the flowers, trees, shrubs etc. My mother in law is very upset as this was never an issue before, and the neighbor had never once mentioned the land (never mowed it, or planted in it previously.) Does she have some kind of squatters rights after these 11 years or will the neighbor be able to rip it all out and put up a new fence? Thank you, I'll check back often so if there are details that I've left out, please ask.

 

[FarmerJ]

Since they could indeed be neighbors for many many more years she will have to decide first if she wants to have a boundry survey done to show her where the lot lines really are , second to decide if she can just work it out with the nieghbor to dig up every thing she planted and re plant it farther back so it all is on her property. Third she would have to seek the services of a real estate atty to learn if she has any adverse possession claims and this wont be cheap. If the boundry survey matches up what the nieghbor claims then its just a matter of talking to the neighbor and working it out so she can keep her plantings by transplanting them. If the neighbor says NO she still has to decide if she wants to spend the money to fight about it. If she wishes to speak to a real estate atty use the links up top to locate one for her.

 

[susysitdown]

She's had problems with the neighbors for years. They are very strange people and in no way shape or form are they willing to work something out with her. They told her they were pulling everything up and she cannot do anything about it b/c it is their property. They are paying to have it surveyed. She just doesn't understand why they let her spend the money to plant there and even plant trees for the last 11yrs and never told her that it was their property. My husband is advising her to hire an attorney.

 

[longsally111]

well, before I would let them rip up anything, I would want to see the survey and have them prove that the fence was in the wrong spot. Then, I would check the law for your state. The question is, has your mother or the neighbors been paying tax's on that property for the past 11 years? My bet will be that she is wrong on the fence line. Get a metal detector and find the pins yourself.