Fences on newly purchased property

[jjmurph]

We purchased a house 6 months ago, and the neighbor's fence is 3 feet on our property according to survey and stakes. Neighbor says that he has "adverse possession" and we cannot move his fence, although he acknowledges that it is our property. Since we are new purchasers of the land and we are letting him know that we want to claim our land by building a fence on our side of the property line, does he have any rights on his fence or the area it encloses?

 

[Tracey]

I doubt he really understands adverse possession. He's acknowledged that the property belongs to you. See a local real estate attorney about suing him to quiet title to the 3 feet he's fenced. This places the burden of proving adverse possession on him.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.