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i have a neighbor who built a fence on my property,what is the length of time before i lose this land.?

i just want to retain my rights to my land and reclaim it when i want to.

Update:

the state is pa

7 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    Depends on your state But "adverse possession" usually takes 21 years.

    Adverse possession is based on the doctrine of laches, which states that failing to assert a right or claim in a timely manner can prejudice an adverse party.

    Actual possession of the property requires:

    - Open and notorious use of the property

    - Exclusive use of the property

    - Hostile or adverse use of the property

    - Continuous use of the property

    I know of a case where a garage was built over a property line by one foot. The original property had the right to require the garage torn down. But found out that he could rent the one foot to his neighbor, get paid, and not loose his property to the neighbor.

    Hope this gives you an idea.

    Source(s): en.wikipedia.org/wiki/Adverse_possession
  • 1 decade ago

    You can reclaim it right now if this fence is recently built. Go see your neighbor and find out why it was built there. Confirm the land survey lines show that it is clearly on your property. If it is, hand deliver and send by certified mail a letter giving him no more than 30 days to relocate the fence to his side of the property line, or else you will demolish it.

    If you let him keep the fence there, you will eventually permanently lose it to him.

    Another alternative, if only a few inches are involved and it is land you don't particularly need, is to sell it to him and have the property boundaries changed. That would save him the work and expense of moving the fence.

  • 1 decade ago

    In Arizona it can range from 3-10 years depending on what type adverse possesion you are dealing with. For example was the possesion hostile? Was the there color of title involved? Did the possesor pay the taxes on the property. Since this a state governed issue, you may want to contact a real estate broker (not agent) and ask if he is a realtor. If he is, he may have acces to free legal advise or materials to advise you before dishing out some big bucks to a real estate attorney. Best Wishes!

  • wizjp
    Lv 7
    1 decade ago

    Possibly after he pays taxes on it for 20 years, maintains and has free and adverse posession of it he might win a quiet title action.

    Have him sign an agreement that he acknolwdges the fence contains your property and he will make no claim, present or future against said property

    Have him pay for the lawyer who draws it up; or have him tear the fence out

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  • Anonymous
    1 decade ago

    You are referring to an easement by perscription. This is when you lose rights on land you allow others to build on or otherwise encroach upon.

    Check your state's laws about time periods. Also, to cover yourself, send a certified letter to the owner of the neighboring land and put him on notice that he is encroaching on your land.

    Do not allow this condition to remain.

    Source(s): 30 years in this business.
  • Anonymous
    1 decade ago

    You need to notify in writing him and your planning and zoning co mission that he is on your land and that you reserve the right to move the fence at your discretion...or you could get a survey and insist he move it now...I think the legal term is "Adverse Possession"

  • 1 decade ago

    about 20 years and it has to be adverse possession. there is a list of things that must present in order to qualify for adverse posession.

    just ask that they take it down. they messed up and some mistakes are expensive.

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