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Old 05-01-2004, 02:00 PM
Richard Chong
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Adverse Possession


Advice please. I have a 10 acre property in Washington State, and my neighbor is using a road that is on my property (on the edge) He has easement on it, wich is written and documented and done way before I bought the place 6 months ago. There use to be a old rusty fence between the road and the rest of my property, but I removed part of it. My neighbors now wants to build a new fence. Should I let him or is it dangerous and can he maybe claim this land in the future with that terrible adverse possession law. I thought I did not have to worry, because I am allowing his easement and that would mean that he can not claim the land later, but since he wants to build the fence?????**************... I don't mind the fence, but just don't want to lose property. Do I need to worry about this fence Thanks for any advice.

Richard
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Old 05-01-2004, 04:40 PM
krispenstpeter
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Relax, building a fence is a far cry from the requirements to adversly posses a piece of property.

HOWEVER, before you allow anything to be built, have a RE attorney draft a contract that allows the neighbor to build the fence but that ownership of said fence belongs to the property owner as a 'fixture'.
  #3  
Old 05-02-2004, 12:09 PM
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Quote:
Originally Posted by Richard Chong
Advice please. I have a 10 acre property in Washington State, and my neighbor is using a road that is on my property (on the edge) He has easement on it, wich is written and documented and done way before I bought the place 6 months ago. There use to be a old rusty fence between the road and the rest of my property, but I removed part of it. My neighbors now wants to build a new fence. Should I let him or is it dangerous and can he maybe claim this land in the future with that terrible adverse possession law. I thought I did not have to worry, because I am allowing his easement and that would mean that he can not claim the land later, but since he wants to build the fence?????**************... I don't mind the fence, but just don't want to lose property. Do I need to worry about this fence Thanks for any advice.

Richard

**A: this neighbor would not be able to claim adverse posession on the land already covered under the recorded easement.
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