Preventing Adverse Possesion/neighbors fence - Posted by James Dawson

Posted by John Merchant on July 15, 2003 at 13:51:29:

If it were me, I’d scrape that junk off and start fully using that driveway again…today, before some other party buys that and thinks it’s theirs.

Preventing Adverse Possesion/neighbors fence - Posted by James Dawson

Posted by James Dawson on July 13, 2003 at 19:02:45:

A previous owner of the house next to us erected a split rail fence with chicken wire which wanders back and forth across the property line for some 60 feet. The fence was built some five years ago. The fence is in disrepair.

Bushes planted on the neighbor’s side of the fence have grown unchecked and now the fence is either falling down or leaning (up to 45 degree angle) towards my property. It has blocked access to my property by as much as 8 feet.

I trimmed the bushes hanging over which took more that 20 hours of work and cost $140 to have it all hauled away.

A survey indicates which fence post and bushes are actually on my side of the fence.

Do I have the right to remove those portions of the fence on my side of the fence to prevent adverse possesion?

Additionally, the previous owner erected a wooden fence for the remainder of the length of the property line. It varies in height from 8-10 feet, is in a sad state of disrepair, the “unfinished” side is facing towards my property and there are nails everywhere with the points extending from an inch to three inches. They clearly constitute a hazard.

The current owner has moved away and the house is unoccupied. Yard work has been performed but never has there be any attempt to keep the bushes in check or address the condition of the fence.

What is my best course of action?


Re: Preventing Adverse Possesion/neighbors fence - Posted by bobby edwards

Posted by bobby edwards on August 08, 2003 at 19:46:46:

I have previously bought a piece of property, my ajoining neighbor has a chain link fence surounding her property which has been there to my knoledge some 15 to 18 years. I didnt realize until i looked at my survey and noticed her fence is 10 feet over on my property some 300 feet long. I had begun building a privacy fence on my side near the chain link when my neigbor began complaining stating i was on her property, this is when i looked at my survey. She has also began putting barn tin 12 feet high wired to the chain link on my side. Can a my her move her fence, or can i remove it or at least the barn tin which is over on my side which defaces my property.