Their land or mine? Who legally owns it now?

Question

My family has owned a 15 acre plot of land for nearly 130 years. When we recently had our land surveyed we discovered that a fence that had been put up by a neighbor 15 years ago was actually about 40 feet over the property line onto our property. We are being told now that because they had been using the land so long with nothing being said that the land was actually legally theirs now. The neighbors also called in an independant surveyor that also determined that the fence was indeed well past the line and that because of how long it had been there we couldnt do anything about it. Does this mean that we have just lost the land altogether?

Answer 1

No it does not entitle them to any thing more than moving the fence. If you need to hire a real estate lawyer and start proceedings against them for all the years of back pasture lease without a trespass permit. If they see that it could cost them far more than the price of moving the fence, they will probably do the right thing.

Answer 2

Not necessarily.  Unless the neighbor pad property tax on the property in question (which he presumably didn't, not knowing that it wasn't his), there is unlikely to be a valid claim of adverse possession.  It may take a quiet title court action to settle the matter; see a lawyer.

Answer 3

Yes, every state has a statute of limitations for removing a trespasser. If it has been too long, under your state's laws, you have lost the right to remove them. Many states go farther and simply "give" them title to the disputed land (adverse possession) because you have lost your claim to the portion they have occupied.  In some states, such as WA, they would need to show they had "color of title", meaning they had a valid reason to believe it was their property all along, as well as proving they had continuously used that part of the property without your permission.

If their claim is valid, they became the "legal" owner of the land the day your rights expired.

You might also find out about the local zoning and whether they were allowed to place a structure within 50 feet of your property line (let alone on your property) without (a) a building permit signed by you, and (b) a variance for which you must have been notified by mail.  In some states they could be fined $1,000 per day for having built without official permission, and could be ordered to tear down a fence built under a false application (claiming it was already their land).

They might take part of your land, because of your long-term inattention, but you don't have to let them have it for "free".  You will need to have an attorney look at your pertinent laws and facts, and you should not wait too long to do it.

Finally, some states require that the disputed land be occupied for TWENTY continuous years, so you would still have time to either give them permission to use your land (which destroys their adverse possession), or to file a claim to have them ejected (and for damages).

Answer 4

If the land is legally yours and you have proof of ownership like a deed then contact the county and present the deed and a copy of the surveyors report The land is not theirs just because they have gotten away with for so long. You must go to the county and there should be a copy of land ownership on file there to look up.

Answer 5

Who ever paid the tax on the piece owns it.

Answer 6

I think the 15 years is beyond the statute of limitations, so yes, it is their land now. If you had complained about it within the first few years of them doing it, you could fight for it. But 15 years is too long. If they have a similar sized plot of land, perhaps they would be willing to work on some agreement with you. Kind of a crappy way to gain property if you ask me.

I'd contact a lawyer familiar with land / property law to be sure.

Answer 7

You both need to consult an attorney.  The land is legally yours and their barn and fence is encroaching on your property.  The people either have to move the barn and fence or you have to come to some sort of a legal agreement with them about the property.  

Answer 8

You'll have to check on the adverse possession laws in your state.  Here in WA they would now own the land, whoever paid the taxes on it, under adverse possession.   The usual time required is 10 years of use without the legal owner claiming the land, as long as the legal owner had a reasonable expectation to know, or find out, about the encroachment.  A fence is enough to show they are using, and claiming the land.

Course they will have to pay to have the legal discription of their (and your) property changed.  

Answer 9

Say it was your fence.... they put it up for you.. 40 feet from the line is a long distance. 5ft is maybe reasonable  as a boundry 40 feet is not... it was your fence, it is your fence.

EG fence was not intended as a property barrier.

Answer 10

Your neighbor might be right.

It's called "adverse possession."  If a party occupies land continually, openly, for a statutory period of time, then the actual landowner loses the right to eject that person from the land.  This means, for all intents and purposes, the landowner loses title and possession of the land.

The application of adverse possession varies wildly among different states, particularly with respect to the statutory period of time.  Consult a property attorney in your state for more details.