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Neighbor claims three feet land from us

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propertyline

Junior Member
What is the name of your state?Colorado
12/2003 we bought our house built in 1964. We are the third owner of the house. The neighbor house built in 1966. The current owner raised the problem is the second owner bought the house in 1981. The summer of 2004 our neighbor came to tell us that he wants to move the fence three feet toward our land to the property line without presenting any legal document and serve document. We firmly rejected his request and asked our attorney sent a letter to him. Then the neighbor replaced the fence on the original position. We also replaced the original fence, it was at very old (because this is a 40 years old house) condition and made by iron string we didn't like it very much, at original position from our house wall to touch to the fence the neighbor newly replaced. A few weeks later the neighbor's lawyer sent us a letter said that "you recently erected a fence that attached to a fence located on our client's property. Your fence unlawfully encroached on xxx(the neighbor)'s property by approximately three feet, and constitutes a trespass. We hereby demand that you remove the fence from xxx's property and restore the property to its condition prior to the encroachment." We are so angry when read the letter. We repalced the iron string fence to wood fence at original position, it was there for 40 years. How could they say our fence unlawfully encroached on xxx(the neighbor)'s property? Then our lawyer sent a response to the neighbor at 1/28/2005, it said: "I have advised aaa(my name) that she will have a substantial defense to your suit for encroachment and trespass based on adverse possession. The lot line which was honored by the occupants of the lots for more than 18 years is now the legal lot, regardless of any other survey results." We thought the thing was finished. But two days ago, our lawyer sent us a copy of our neighbor's lawyer's letter written by 5/26/2005, they claim that 6/2/2005 is the closing date for their house being sold, if the fence legal problem makes the closing can not be finished, they will ask damage claim from us. The same day, 5/30/2005, when we received the copy letter from our attorney we saw that our neighbor hired contractors who placed the waste company's trash truck, toilet, concrete truck ready to do big job for their house. Surely they are not going to close the house at 6/2/2005 but they are going to find a payment resource for their house improvement. We hope to stop the neighbor's ridiculous, stupid motivation. Definitely we will fight with the unlawful, stupid claim and they can get nothing from us, but it bothers our normal life, it makes damage for our spirit and time. Welcome any suggestion and advise. Thanks.
 


BelizeBreeze

Senior Member
Your attorney is whistling in the dark. Under Colorado statutes the foundation of AP is '...18 years CONTINUOUS possession of the property under question where such possession has been actual, notorious, hostile, visible and continuous.'

You clearly do not satisfy the criteria, being there less than five years.

I suggest either removing your fence AND finding another attorney or just finding another attorney.
 

propertyline

Junior Member
Our lawyer just cited '...18 years ...', actually the fence line is the property line that is there for 40 years since both houses were built. Except the title company and the old owners' proof, the huge trees including pine tree standing on the three feet in our side can prove all. All we can say is shame on the neighbor.
 

BelizeBreeze

Senior Member
propertyline said:
Our lawyer just cited '...18 years ...', actually the fence line is the property line that is there for 40 years since both houses were built. Except the title company and the old owners' proof, the huge trees including pine tree standing on the three feet in our side can prove all. All we can say is shame on the neighbor.
Then you are as big an idiot as your attorney. The tree, the fence even someone with purple hair waving a stars and stripes PROVES nothing.

YOU have not fulfilled the requirements necessary for Adverse Possession in Colorado.
 

propertyline

Junior Member
You are a moron I never want to you post any thing under my topic. Get out! You thought you can arbitraryly claim land property from any other people without any legal document, go ahead living under your dark dream. ****! Get out!!!!!!!!!!!!!!! BULL ****.
 

HomeGuru

Senior Member
propertyline said:
You are a moron I never want to you post any thing under my topic. Get out! You thought you can arbitraryly claim land property from any other people without any legal document, go ahead living under your dark dream. ****! Get out!!!!!!!!!!!!!!! BULL ****.
**A: you have some serious issues. And I was not refering to real estate ones.
 

BelizeBreeze

Senior Member
propertyline said:
You are a moron I never want to you post any thing under my topic. Get out! You thought you can arbitraryly claim land property from any other people without any legal document, go ahead living under your dark dream. ****! Get out!!!!!!!!!!!!!!! BULL ****.
Of all the gin joints in all the world, I have to walk into his..... :rolleyes:
 

Shel77

Member
Your lawyer does not know what he is talking about; do you have proof of where your property line is? Do you have proof that you are paying taxes for this 3 feet of land that belongs to your neighbor and that you have been paying such taxes on his land for at least 10 years? You can not just take someone else’s property, for free at that. Maybe he will sell you the land. In the meantime he still owns his property including the 3 feet that you are trespassing on and he has every right to make you move the fence back onto your property or to simply remove anything that you have placed on his property or anything that the previous owners or the ones before them placed on HIS property! Trust everyone you will not win this one.
 

HomeGuru

Senior Member
Shel77 said:
Your lawyer does not know what he is talking about; do you have proof of where your property line is? Do you have proof that you are paying taxes for this 3 feet of land that belongs to your neighbor and that you have been paying such taxes on his land for at least 10 years? You can not just take someone else’s property, for free at that. Maybe he will sell you the land. In the meantime he still owns his property including the 3 feet that you are trespassing on and he has every right to make you move the fence back onto your property or to simply remove anything that you have placed on his property or anything that the previous owners or the ones before them placed on HIS property! Trust everyone you will not win this one.

**A: did you not get the email? We are done helping this ungrateful sob.
 

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