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Adverse Possession?

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kosh616

Junior Member
What is the name of your state? Wisconsin

We are in the process of purchasing our first home. It's a city lot with no alley. The lot was recently surveyed with flags and stakes. The real estate lady that's suppose to be working for us said that there was 7 feet of the backyard, times 66 feet, the width of the lot, that was surveyed as our property, but that the guy that owns the place behind use has been using for years, 20, 27, something like that. The 7 feet has his big dirt pile on it and 3 trees he planted. The survey says it is our land and I assume we would be paying the property taxes on it, but he says he was told that his property went to the fence, which is 7 feet into our backyard according to the survey, and that he has taken care of it for so many years that it is his. Our preference is to keep our 7 feet, but all we hear from real estate people is adverse possession and if he'd fight for it he would get it. If he is entitled to the 7 feet, I don't want to pay property taxes for his land, which is how the survey is set up now. If he takes this to court would he get his seven feet? I've been told by several people not to close on the house until the matter is settled, because it will just cost us dollars later to deal with it and we really don't have the extra money to fight it. Yes, there is a straight across fence there, he has his dirt pile and 3 trees on it, and he's mowed it for years, but does that make it his considering it was recently surveyed and that says otherwise? Thank you for your time.
 


seniorjudge

Senior Member
kosh616 said:
What is the name of your state? Wisconsin

We are in the process of purchasing our first home. It's a city lot with no alley. The lot was recently surveyed with flags and stakes. The real estate lady that's suppose to be working for us said that there was 7 feet of the backyard, times 66 feet, the width of the lot, that was surveyed as our property, but that the guy that owns the place behind use has been using for years, 20, 27, something like that. The 7 feet has his big dirt pile on it and 3 trees he planted. The survey says it is our land and I assume we would be paying the property taxes on it, but he says he was told that his property went to the fence, which is 7 feet into our backyard according to the survey, and that he has taken care of it for so many years that it is his. Our preference is to keep our 7 feet, but all we hear from real estate people is adverse possession and if he'd fight for it he would get it. If he is entitled to the 7 feet, I don't want to pay property taxes for his land, which is how the survey is set up now. If he takes this to court would he get his seven feet? I've been told by several people not to close on the house until the matter is settled, because it will just cost us dollars later to deal with it and we really don't have the extra money to fight it. Yes, there is a straight across fence there, he has his dirt pile and 3 trees on it, and he's mowed it for years, but does that make it his considering it was recently surveyed and that says otherwise? Thank you for your time.
I've been told by several people not to close on the house until the matter is settled, because it will just cost us dollars later to deal with it and we really don't have the extra money to fight it.

True. Get a real estate lawyer and get this settled as soon as possible.
 

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