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Encroachment-understatement

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gracie99

Member
What is the name of your state (only U.S. law)? TN

Hello,
Last year my husband and I told a family member who lives next door to our land that they could use 1/2-1 acre of land for their horses. They never did use it. About three months ago we told them not to use any of the land because we were putting it up for sale. This past weekend we went to check on the land and they fenced in approximately three acres. We couldn't even drive down the driveway. We asked them to remove the fence and to not use the land and reminded them of the conversation about three months ago. Now they're refusing to remove the fence and are threatening to sue us if we remove the fence. What can we do about this? Can they do anything to us if we remove the fence?
Thank you!
 


drewguy

Member
Can they do anything to us if we remove the fence?
Thank you!
Yes--they can sue you.

However, they probably cannot win. Based on your description they have no claim to adverse possession. First, at most they've "possessed" the land for a year. Second, they did so with your permission (arguably--maybe the took more than you said was okay).

I would start with a letter, nicely worded, certified return receipt, requesting that they remove the fence within 30 days and that if they do not, you will remove it and seek to recover the costs of doing so.

You might also remind them that (a) you gave them permission to use some of your land for horses, but that you are revoking it because you are selling the land and (b) you never gave them permission to fence the land, just to use it for horses.

If they take the letter to a lawyer, he will probably laugh at their case, because they basically have none.
 
let me get this straight....This is your land and they fenced it in and threatened you to sue if you remove the fence they illegally placed there? Send the letter RRR immediately as suggested and remind them that YOU own the land YOU and selling it. hey, remove a portion of the fence so you can go down the driveway and leave the rest, the new owners might appreciate it. In that case, just put it up for sale as is and forget the letter
 

gracie99

Member
Yes--they can sue you.

However, they probably cannot win. Based on your description they have no claim to adverse possession. First, at most they've "possessed" the land for a year. Second, they did so with your permission (arguably--maybe the took more than you said was okay).

I would start with a letter, nicely worded, certified return receipt, requesting that they remove the fence within 30 days and that if they do not, you will remove it and seek to recover the costs of doing so.

You might also remind them that (a) you gave them permission to use some of your land for horses, but that you are revoking it because you are selling the land and (b) you never gave them permission to fence the land, just to use it for horses.

If they take the letter to a lawyer, he will probably laugh at their case, because they basically have none.
Thank you for your reply, I appreciate it!
Let me clarify-First, They did not possess the land for a year. This is what I stated: "Last year my husband and I told a family member who lives next door to our land that they could use 1/2-1 acre of land for their horses."

Second, they did so with your permission We gave them permission to use 1/2-1 acre of land for their horses. "They never did use it." They did not put the fence up until we told them about three months ago not to use any of the land.
Thank you!
 

gracie99

Member
let me get this straight....This is your land and they fenced it in and threatened you to sue if you remove the fence they illegally placed there? Send the letter RRR immediately as suggested and remind them that YOU own the land YOU and selling it. hey, remove a portion of the fence so you can go down the driveway and leave the rest, the new owners might appreciate it. In that case, just put it up for sale as is and forget the letter
Yes, it's our land. Yes, they threatened to sue us. So much for helping family. It's very sad and heart breaking.
 

drewguy

Member
Thank you for your reply, I appreciate it!
Let me clarify-First, They did not possess the land for a year. This is what I stated: "Last year my husband and I told a family member who lives next door to our land that they could use 1/2-1 acre of land for their horses."

Second, they did so with your permission We gave them permission to use 1/2-1 acre of land for their horses. "They never did use it." They did not put the fence up until we told them about three months ago not to use any of the land.
Thank you!
1) Well, they're already too short on time of possession
2) That doesn't help you, because then it could be considered adverse.

Anyway, send the letter and see what they do. Lots of people threaten to sue. Often they don't once they consult a lawyer, if they get that far.

Without knowing what kind of fence it is, I have no idea what removal costs would be. It may not be worth suing over, or maybe it is, but in small claims court.
 

efflandt

Senior Member
Adverse possession in TN would require 7 years of adverse use without permission under color of title (they have none), or 20 years without color of title. So they cannot possibly have any claim to it, unless it actually is their property (do you or they have a survey?).
 

gracie99

Member
Adverse possession in TN would require 7 years of adverse use without permission under color of title (they have none), or 20 years without color of title. So they cannot possibly have any claim to it, unless it actually is their property (do you or they have a survey?).
Yes, we have a survery.
Thank you!
 

gracie99

Member
For fun? For what?
John,
I'm not sure what he thinks he can get from us. We are not wealthy people and don't have anything. I'll tell you a little of what has led up to this. I'm ashamed to say this relative is our son. Four years ago he was going through a lot of terrible things (not brought on by himself-life). Because there were two young grandchildren also going through this we stepped in to help. With the understanding we would be paid back. After putting out a couple thousand dollars we told him as long as we were making the land payments the land had to be put into our name for collateral. When he paid us back it would go back into his name. He agreed and signed a notarized paper. Well, he got a good job and you guessed it, he didn't pay us a dime and we've refused to put the land back in his name. With sudden major medical bills facing us-we've told him since the beginning of the year we needed the money and if he didn't start paying us we would not only sell our land-his would also be put on the market. He agreed to selling the land. Now he has changed his mind and wants a fight in court. So, he decided he was entitled to take over our land. To be quite honest, between the health issues and more importantly the recent murder of one of our grandchildren we just can't deal with this nonsense.
Aren't you sorry you asked!
 
put theland up for sale immediately. When his attorney contacts you, let him know that the land is yours, in your name and you are selling it. Do not go into details about how it ended up in your name, not his business. Nothing was done behind sons back, he needs to get over it.
 

gracie99

Member
put theland up for sale immediately. When his attorney contacts you, let him know that the land is yours, in your name and you are selling it. Do not go into details about how it ended up in your name, not his business. Nothing was done behind sons back, he needs to get over it.
The land is up for sale.
Thank you!
 

divona2000

Senior Member
...After putting out a couple thousand dollars we told him as long as we were making the land payments the land had to be put into our name for collateral. When he paid us back it would go back into his name. He agreed and signed a notarized paper...we've told him since the beginning of the year we needed the money and if he didn't start paying us we would not only sell our land-his would also be put on the market. He agreed to selling the land. Now he has changed his mind...
Just curious; if the land was still being paid for, then it was never actually in son's name anyway, correct?
How did you get your names on the deed if the property was still under contract?
Is it paid off now, or are you selling it under a land contract?
 

gracie99

Member
Just curious; if the land was still being paid for, then it was never actually in son's name anyway, correct?
How did you get your names on the deed if the property was still under contract?
Is it paid off now, or are you selling it under a land contract?
The land contract was in his name. He gave the owners a signed and notarized
paper to put the contract in our names. It's paid off.
 

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