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New construction behind my house puts fence inches from my house

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Zigner

Senior Member, Non-Attorney
...and, are you sure that there was never permission given for the fence to be where it is (if needed)?
 


HRZ

Senior Member
Also take a look at WAs rather new adverse possession law and some posted articles on same .... RCW 7.28.083 with attention to attorney fees?



Zigner as usual raises a good point....that fence better be there withOUT permission if adverse possession is to apply .
 

adjusterjack

Senior Member
I think by best course of action is the adverse possession claim. The more i research it, it seams the best way to resolve this. Thank you all for your help and if you have other ideas i let me know.
You may need to resign yourself to the need for a lawyer. The builder already has his "official" permit and permission to build what he's going to build and isn't likely to back off unless he is facing a lawsuit. You "saying" stuff isn't going to do it.
 

justalayman

Senior Member
Get a survey of your property done. Just because your neighbor says the property line is a foot from your house does not make it so.

They have vandalized your old fence, and are now trespassing with a temporary fence.

It is highly unlikely that any municipality would allow a house to be built less than a foot from the lot line.
Some areas have zero lot lines where the buildings touch.
 

justalayman

Senior Member
I think by best course of action is the adverse possession claim. The more i research it, it seams the best way to resolve this. Thank you all for your help and if you have other ideas i let me know.
Then you better get moving. A claim for adverse possession is meaningless unless you defend your claim (in court) if the property owner attempts to assert his rights to exclude you from his property. He is asserting his rights so unless you assert your claim in court, you lose your claim.
 

HRZ

Senior Member
Irrespective of the detail points which may stick, GET GOING !!

IF you fail to get moving once the problem is discovered , there are some who would argue you "acquiesced " to the new situation ....not the hill of choice.
 

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