neighbors encroaching

[dstobrien]

What is the name of your state? Arizona

Would like to know if there are any obstacles to my claim to boundary lines. Have lived here just over 8 years but only recently had reason to check property lines with assessor
maps. Noticed from aerial photos that two neighbors are encroaching on my property. Is
there going to be a problem because of the amount of time that has passed with my reclaiming that property and building a fence?

 

[Ohiogal]

Have you actually had a survey? That is the first thing to do.

 

[lwpat]

You won't know until you start putting up the fence after you have the survey per the other reply.

 

[Orcons]

There is absolutely no way anyone here can even speculate as to whether you will have a problem. It depends on the nature of the encroachment and how long it has been going on for, as well as the laws of your state.

 

[efflandt]

Aerial photos can be deceptive if you do not have something accurate (like a survey) to relate them to. I was given an aerial photo when I bought land in WI showing where brush had been cut down around its supposed boundary with woods road wrapping around its south end and a little up its west end. But 12 years later when a logger was having his 160 acres surveyed, I found out that my west boundary had been marked about 300' west of where it should have been. I did not really lose anything based on that because the discription was correct based on gov't lots. I just possessed more hunting land than I paid taxes for during that period.

Easement issues were another story.

Come back when you have a survey and more details about the encroachment.

 

[danno6925]

Survey Says?

There is absolutely no way anyone here can even speculate as to whether you will have a problem. It depends on the nature of the encroachment and how long it has been going on for, as well as the laws of your state.

Au contraire, Orcons - I could speculate till the cows come home, but I won't. I'll offer my free opinion on where this poster can find the answer. Also, these concerns may be the responsibility of his title ins. co., so it really doesn't matter to the OP what the encroachment is, or how long they've been doing it. If he obtained title insurance, he's covered against loss here. So, in summation - drop arrogance, remove head from sphincter and read correct reply below:

Have you actually had a survey? That is the first thing to do.

BINGO. The survey will tell you if there are encroachments on your land. A quick call to the asessment office will tell you if they have been paying taxes on this land. Either way, you should contact your title company to demand that they defend the title to your land against a case of adverse posession. Have that Survey in hand when you call.

FYI: Your title company is not necessarily the one that conducted your settlement, but rather the company that underwrote the title insurance policy - This was the document that you received along with your recorded deed.


I am not an attorney, I have worked in PA title insurance since 2000.

 

[Orcons]

Wow, did I do something mean to you, danno6925, in a previous life? Such vitriol from someone I have no knowledge of.

You are correct that anyone can speculate but the speculation would have no value. I am sorry if I spoke casually, I will know to be more precise in the future. (Of course you could just lighten up, too.)

As far as title insurance covering his problem it may or may not. Not all title insurance policies would cover an adverse possession case and some would limit the amount of coverage, but I am sure you are aware of that since you work in title insurance.