Killing Neighbors Horses

[BlogGuy]

State: WISCONSIN

A fence is 12 feet on my land and its been there "forever". With the human eye it looks like the fence is the property line. The CURRENT surveys (6 years ago and another 3 months ago) both show that the real property line is 12 feet past the fence.

The neighbors claim that its been grandfathered in and they own all the way up to the fence line. Does the neighbor have to file for adverse possession or do they just get to say, "Oh- thats ours. The fence has been there forever."

When I confronted my neighbors they accused me of slowly killing their horses because I have not sprayed and mowed my property (its 10 acres and I let the front go so that it would go back to a wooded area).

Question is: Adverse possession- Does it happen on its own or does it take place via a legal filing of some sort.

Thank You!

 

[BlogGuy]

Title Insurance - Adverse Possession

While were on the topic. What is the point of title insurance if the policy's list of things they don't cover such as "Any claim of adverse possession or prescriptive easement" seems to be the reason you are getting the insurance in the first place ?!

 

[I AM ALWAYS LIABLE]

My response:

Start reading - -

http://www.legis.state.wi.us/statutes/Stat0893.pdf

You'll need "Adobe Acrobat Reader" to get the above link. If you don't have it, download and install it. It's free.

IAAL

 

[BlogGuy]

Read it again. Still confused.

I read that a few times before posting on this forum. Some subsections of the chapter appear to show that the land is mine and others appear the opposite. The whole thing is kind of confusing. It appears that the other people have to "take action" of some sort.

I'm paying taxes on all 10 acres. The recorded survey shows that I own all 10 acres. Their fence is on my property taking up a 1/4 acre. If it is their land why am I paying taxes on it. And if its my land I want to have them move their fence because I don't think its very neighborly to steal property.

 

[I AM ALWAYS LIABLE]

I read that a few times before posting on this forum. Some subsections of the chapter appear to show that the land is mine and others appear the opposite. The whole thing is kind of confusing. It appears that the other people have to "take action" of some sort.

I'm paying taxes on all 10 acres. The recorded survey shows that I own all 10 acres. Their fence is on my property taking up a 1/4 acre. If it is their land why am I paying taxes on it. And if its my land I want to have them move their fence because I don't think its very neighborly to steal property.

My response:

Got a bulldozer? Can you rent one?

You know what to do.

IAAL

 

[Shel77]

It's your land you pay taxes on it they have no adverse possession claim unless they have paid taxes for over 10 years on your portion of land, send them a certified letter with a copy of the latest survey telling them they have 30 days to move the fence off YOUR property or you will remove it your self or have a company move it and send them the bill. If you have to remove it you do not have to reinstall it on their property you can simply toss it out our be nice and set it on their property to re erect on their side make sure you go ahead and mark the property line so they know where to place the fence. Have a good day.

 

[BlogGuy]

Bulldozer

So while I'm out there bulldozing their fence back onto their property and the police show up- what forms, documentation, statutes, etc should I provide them while they are putting me in handcuffs?

lol

 

[Shel77]

Show them the survey. You can tear down anything you want that is on your land, after all the fence actually belongs to you. But to be nice send them the letter, the post office will send you the copy that he signed to recieve the letter so you will have proff that you did notify him.

 

[BlogGuy]

Sounds good. That is what we'll do.

One question though. Is adverse possesion something that is filed or is it just a "we own that cause we've been paying taxes on it" thing?

 

[Shel77]

He would need to file it, but one of the criteria among others they must meet is to have been paying taxes on it for at least 10 years depending on the laws in your state some or more like 15 years.