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possible property line dispute

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andrewsph2

Junior Member
What is the name of your state? Washington

We bought a vacant lot (75x120ft.) about 7 years ago, and at the time we bought it, it was considered "non-buildable" since it would not perc for a septic system. Since that time, we have found out that a "Glendon System" will likely work. We are in the final stages of getting a septic system design done and are planning to start building next year. However, a neighbor on one side has an old rickety fence and a small cement walk which extends over the boundary by 4 or 5 feet. Then fence is perpendicular to the property line, so it is only on one small section of the boundary. The cement path is also short, maybe a few feet in length. This neighbor also claims that he might try to fight our property line, but we have yet to have it surveyed. I realize we need to have it surveyed, but can this neighbor have any claim on any of our property if the boundary comes out where we think it will, with his fence and cement path a few feet onto our property? He also has used the property as a sort of "dumping area" over the years, from which we have cleared most of the junk away.
What should we be doing at this point other than get the survey done, to make sure that he has no claim on any of our property?

Thanks
 


danno6925

Member
Check with the local taxing authority and try to determine if the neighbor has been paying taxes on that strip of land. Ask if the legal description for the neighboring lot has changed recently (say in the past 30 years or so). If so, a claim of adverse posession may exist on the neighbor's part.

So long as you purchased title insurance when you settled on the lot, you should be fine. Get that survey done ASAP.
 
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Orcons

Member
Yes you definitly need the survey. Once you have that, if the property line is a few feet beyone the fence, the first thing to do is to stop the clock from running. You might have done that already by cleaning out his junk (that would probably be considered an act consistent with ownership and would have broken any exclusivity claim your neighbor might have) but you should make sure you stop the clock by either telling the neighbor it is OK with you for him to use that land or by telling him to get off.

Whether or not the neighbor has a reasonalbe adverse possession claim will depend on the laws of your state, the nature of the owner's use, any use by your predecessor's in title, the timelines of everyone's use, etc. To figure all that out you need to see a local attorney. The lawyer can aslo advise you as to what steps to take to make sure the clock stops running on any claim by the neighbor.

You should check your title policy. Many will exclude adverse possession as it is not something that can be seen from the public records.

Good luck.
 

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