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Adverse Possession - State of Florida

I have a question about my parents property. My parents have lived in their home since August of 1974; now the area is going industrial and all the homes are being bought out by developers. Our parents had their property surveyed in 1990 and it turns out that some of the land which they thought they owned isn't their property. And not only is some of the land not theirs it seems that about 10 feet of their house also sits on this property. As I stated my parents have lived in this house since August 1974 and no one has ever come around claiming to own the patch of land. My parents researched this piece of land and it was sold in 1997. But as I've already stated in the 31 plus years that my parents have lived there no one has ever come around to claim that piece of land. The previous owners had put up a fence around that land as well as the house. My parents have maintained that piece of land as well as a piece in their backyard which according to the surveyor belongs to both my parents and another person who hasn't been around since about 1991.

How can my parents handle this situation as there are people who want to buy their property...but have asked my parents to take money out of their pockets and pay for the pieces of land in question. I would think that if my parents pay someone for these 2 pieces of land, then they have bought that land and it would then become my parents land to sell...am I correct?

Thanks for any info which you can provide.

Manuel (from Florida)

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi, Manuel

Under Florida Code �95.16-.18 the duration of possession of property title is 7 years and pay the assessed taxes.

As you have said that your parents are there since 1974, so as per law that property belongs to your parents only. If you want to play bit safe then you can consult your local attorney about this. The attorney can tell you about the adverse possession florida statute correctly. The attorney is the best person to tell you about how to file an adverse possession florida.

That property is totally under your parents control and the reason those guys are saying like that as they think themselves more powerfull but you dont have to worry as the law is with you.

Thanks

Adonis

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blue's picture
blue | Joined: October 21, 2005 09:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Manuel,

As per the adverse possession florida law, if you possess a land for a period of 7 years or more without any dispute and paying the relevant taxes on it then you become the owner of the land through adverse possession.

But you need to have paid the taxes on a regular basis or should have a written instrument of record. You also need to know how to file for adverse possession florida.

If any of the above of the above criteria is met then there should not be any problem and your parents become the owner of the disputed automatically.

There are some discussions held here on adverse possession previously which may be useful to you.

Regards,
Blue

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I own a Townhouse Condominium in Pinellas County. To my knowledge when I purchased in 1995 I was told I can build an addition, which is a screened-in room which extended the bak porch as every other of the 42 Townhomes had already done. Also, I was told the a portion of grassy area adjacent to the screen room was part of my small backyard, as every other townhouse was using. We are a community of 240 units the balance of these unit owners reside in two midrise buildings on to the right and left of the 42 Townhomes which are in three rows. These areas in our backyards were common property, however, for over 20 years they have been utilized as I just explained. Some of the building dwellers are starting to say that we should pay higher maintenance fees because of this situation and also want us to remove our barbeques because they are not, by law, able to put one on their terrace. One of these unit owners recently put a barbeque in the pool area and chained it to the fence. This is against our by-laws. Because they were asked to remove it, they are now saying all the townhome owners must remove their's because it's on common property.
Therefore, my question is "isn't the property that the Townhouse owners use fall under the laws of "Easement by Prescription"?

Thank you for helping me clear this up.

Sincerely,
Maria DeVito
"ria611@bellsouth.net"

[color=Red:bec8713436][size=9:bec8713436][Email address deactivated as per the forum rules][/size:bec8713436][/color:bec8713436]

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hey Maria.

I feel with adverse possession, 21year is required for establishing an easement by prescriptive use. But you have mentioned that the common property has been utilized for 20 years. So it may not fall under the laws of Easement by Prescription. By the way I am not an attorney and you should consult with one.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

This is really messy so I'll bullet the points:
1) My Grandmother and her daughter purchase a home in 1958
2) Both are deceased without a will
3) There are currently 12 grandchildren
4) After some years of renting the home, the daughter (partner owner) youngest son then allowed one of the grandchildren live in the home with the understanding that they would be responsible for taxes as well as the upkeep of the home - but did not have to pay rent. This was in 1994.
5) In 1996 this grandchild, without the knowledge of any family member, prepared a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] and made themselve beneficiary to the latest deceased owner that happened to be the daughter.
6) Then that grandchild proceeded to take a mortgage out on the house
7) The home was foreclosed in 2005
8) It was upon eviction that anyone in the family knew.

Is there any thing that can be done?

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Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Well, the best thing that you can do is contact an estate planning attorney as he'll be able to guide you on property issues specific to your state.

my god bless you

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

twenty three years ago I moved into a house owned by my mother at her request because of complaints she was getting about my younger brother and his friends from neighbors. I had divorced the year before and thought why not, it was a bigger house than the one I was living in.

I was not asked to pay rent or anything. but I did spend quite a lot of money on the maintainence and upkeep of the home over the next twenty + years.

In 2004 I lost my job of eleven years and I worked another for a year and a half and then another for about a year, but then I could not seem to find a job worth having. Mean while my daughter had a child, bi racial, and suddenly I am getting legal notices to move etc, etc. and there were some other things that occurred, but my mother and her husband hired an attorney and took me to court to get out.

My daughter, my self and her children moved. I left thousands of dollars in furnishings, and other property that was mine. The house was so hot and the mold in the walls the animals in the attack all made the house unbearable. These people did nothing in all the years to upkeep the house, because I did. I serviced the ac yearly, upgraded the home as much as possible going into debt, they offered no help knowing the home was getting more and more in disrepair and that I was not working, it was sad, just because I was living in the home, yet had no resource. Now I have moved and now they want some furniture my mother left behind over twenty years before when she moved out.

These people have nothing better to do than to horrace me. I have been my mothers whipping post for years now I am gone and she still tries. I am working on my MBA, trying to build a business in Insurance sales and studying to get a federal government job, they have no life so they do all they can to upset mine.

My qestion is, this funiture was abandon by her 23 years ago, when I first moved into the house she took a few pieces of furniture left it outside and it rotted. I do not want to see my grandmothers things ruined any more. Can she suddenly come back aftger 23 years and claim
ownership?

Why did she say nothing at the previous court hearing?This is everything to do with racial pregidous. My daughter has been ousted from the family and me as the mother have as well.

Please advise, HELP!!!!

Mary C

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Mary,

Welcome to the forums.

I do understand what you're trying to say. If it's all due to racial prejudices, then that's too bad. I mean why does people make such a lot of fuss about small issues, that too, with someone's furniture. Since your mother owned the home, therefore, she has a right to claim the furniture, even though she didn't maintain them properly. But i do understand your feelings and I wish that she doesn't claim those.

Take care

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

mother divorced in 1982. House should have been sold at the anniversary date 1984. In 2007 her ex-spouse quit-claimed deed the his interest to his son. 5 months later she quit-claimed her interest to me. Now after 26 years he has filed an adverse possession against her. She stills lives in the house and has paid off the mortgage in 1996. She lives in Florida.

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I suppose your mother is staying in her own property, right? so how come the ex-spouse file adverse possession? I guess you need an attorney to settle this issue. The attorney will know the adverse possession florida law in detail. He/she can also tell you how to file an adverse possession florida in the right way.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My daughter owned a condo in FL and took out a mortgage. She andI are both on the deed but only her name is on the mortgage loan. She is now in foreclosure. Am I responsible for the mortgage loan?

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Jeri!

You will not be responsible for the mortgage but you can pay the debts if you want to save the property.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Can the government expant their use to 50 feet, which destroys adjacent trees and natural growth adjacent to the currrent ditch which has existed for 100 years? The natural growth is between two rows of private homes, which have enjoyed what amounts to a natural preserve.

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi george trifelos

It will depend upon the state laws. You will have to check your state laws and see if anyone can encroach upon the natural preserve of the region.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My father and I are both on the mortgage, we are on the deed as well as my sister and brother. My question is, when my father dies and I'm left with the mortgage will my other property in CT be at risk if I walk away from the florida property. Also, can anyone on the deed be at risk of losing their other assets??

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi kc!

Welcome to forums!

If you walk away from the property and do not pay the mortgage dues, then the property will go into foreclosure. This will badly ruin your credit. In case, if you are unable to pay the deficient amount resulting from the foreclosure sale, the lender will have the right to place a lien on the property at CT.

If the property is foreclosed upon, then the lender will sell off the property. In that case, your brother and sister will lose the property.

Feel free to ask if you have further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother passed some time ago and I was left with her home in Broward County Florida. I had no intension of living there and so was luck enough to find a renter. This income is sufficient to pay of the mortgage I was forced to take out on the home to pay my mothers debts. Now, the renter isn't paying her rent and I think she moved out on her lease ( I live about 200 miles from the home). I do not have the funds to pay the mortgage, if I let BOA foreclose the home and they sell is for less than the owed amount "Will I be responsible for the unpaid balance?".

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

can a married spouse buy a house in fl without thier partners conscent

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

To Bob,

Are you on the loan to the property? If your deceased mother is the only person on the mortgage promissory note, you cannot be held responsible for the default. Thus, if you let the property go into foreclosure and there's a deficiency from the foreclosure sale of the house, the lender cannot come after you to recover the deficient amount.

To Bruce,

As far as I'm aware of, Florida is not a community property state. Thus, both the spouses cannot have an equal undivided interest in the property, unless both of them are on the title. However, Florida divorce laws use equitable distribution to divide properties among spouses. As per the equitable distribution, what percentage of the property each spouse gets depends on his/her financial situation. Thus, I think you always have the right to purchase your own house as your separate property. As long as you're not in a community property state and you have the property solely in your name, your spouse cannot claim any interest in the property. However, it's always good to consult an attorney before making the purchase.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

can i move into an abandon home that is in foreclosure with old owners permission and live there till bank takes over?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I was told by my lender, the previous owner, that the mortgage we recorded is "no good". Apparently there is a problem with the way it was written dealing with his trust. I have also been told by an attorney at Legal Aide the same thing. I am in Foreclosure and Im considering using this as a defense. If the mortgage is "no good", then what would happen?

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi down,

I believe you can move into the abandoned home only if the owner gives you the permission to do so. If the house has not yet been foreclosed, the ownership of the property has not changed. But once the property is foreclosed, the new buyer will have the ownership to the property and you will have to vacate the house as soon as possible.

Hi Derek,

If the mortgage was not recorded properly and has no legal value, you may not be liable to repay it and this could be used as a defense in against the foreclosure. But I am not sure on what ground the mortgage is considered "no good". If indeed there has been certain problems regarding the previous owner's trust which makes the mortgage deed void, the foreclosure could be stopped. However, you need to consult an attorney to know if the mortgage deed is indeed legally void and if there is a way to use this as a means to stop the foreclosure. An attorney would be the best person to help you in this situation.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my brother and his companion were paying amortgae on a house, his companion had the house in his name and recently passed away, leaving my brother as the executor of his estae. my brother could not afford the mortgage and the bank put the house in foreclosure. my brother walked away from the house, but know has found out that squaters have moved in . (adverse possesion) question, can my brother have them legally removed and move back in and try and work a dal out with the bank?

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

To mmichell,

Did the bank not foreclose on the property? Is your brother on the title to the house?

Since your brother was the executor of this estate, he does have certain rights to this property and I believe he can have the squatters legally removed from the house. He needs to talk to a real estate attorney to find out how he can remove them from the property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I purchased a residential lot in Pasco County in 2004. I recently had a survey conducted, to sell the property. My neighbor has a fence that is 3.7 feet on my property, however the fence was there when I purchased the property. I suspect the fence has been in place for a long time. what are my options?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Andrew!

Welcome to forums!

Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/adversepossession-lot.html

Take a look at it. I hope it'll help you.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Mine and my husbands name are on our homes deed for which i hold in my possession. he has been laid off numerous time this year and even an approved HAMP modification was worst than what he began with . Now he is in danger of foreclose what recourse dose the mortgage company with me ? If any? Will they eventually just make us leave?And why do I have the deed ? Doesn't the mortgage company release that to us after the loan is satisfied?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My parents are in their 80's and have lived in their house over 30 years. Their neighbor confronted them for the first time in the entire time they have lived there that they would have to move trees and shurbs that was next to the neighbors fence and possibly a garage that is 5 feet away from the neighbor's fence. The neighbor is saying that he found out he owns 4 feet of land on the other side of his fence which my parents and he thought belonged to my parents. Now after all these years he wants to move his fence over and claim ownership. Does he have the right to make them move their carport and trees that have been in place all these years. The neighbor put the fence down prior to my parents ever moving next door over 30 years ago.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome melissalynbach,

If the mortgage company forecloses the property, then both of you will have to leave it. If your name is on the mortgage, then it will have a negative impact on your credit report and the lender can come after both of you to recover the deficient amount.

Welcome Mae,

This is really a tough situation. As your parents had maintained the property and have also paid taxes, they can claim adverse possession on that portion of the property. However, I would suggest both of you to contact an attorney and take his opinion in this matter

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Can I file for adverse possession if I've been living in my parents house for over ten years paying taxes and doing all the up keep on the property. because now my father wants to put me out of the house.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Sherry,

If your parents are also living in the property, then I don't think you'll be able to claim adverse possession. Nevertheless, you should speak to the local attorney and take his opinion in this matter.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My parents doesn't live in the house.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Sherry!

Welcome to forums!

In that case, you can contact your local attorney and check out your state laws regarding adverse possession. He will be able to guide you in this regard.

Feel free to ask if you've further queries.

Sussane

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

It was me above... just forgot to log in :-)

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Our father left a condo to us in a trust. My brother wants the condo to himself adn his children want to live there. We are both benificiaries in the trust adn thus own the condo equally.

Can he or his family try to get the condo through adverse possession?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

The condo is in the state of Florida.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I allowed his mom, dad and brother to move into our second home so that they would have a safe environment to live in. It has been 12 years and they have never paid rent. We are starting to have problems with the brother who cares for his parents? Can he file an adverse possession claim against us in the state of Missouri? What should we do to protect ourselves from this happening?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

If the brother and mother-in-law has not maintained the property or paid taxes for that property, then they won't be able to claim adverse possession claims on that property. Nevertheless, you should contact an attorney and he will be able to guide you in this matter in a better way.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I LIVE ON THE INTERCOASTAL (CORNER LOT) IN FLORIDA. BACK IN THE 60'S THIS RIGHT OF WAY WAS USED FOR PEOPLE TO WALK DOWN ON A DOCK THAT IS THERE. WHEN WE WERE HIT BY A HURRICANE I SPENT MONEY TO SHORE UP THE NORTH SIDE OF THE PROPERTY THAT DIDN'T HAVE A SEAWALL AS WELL AS MAINTAIN MANGROVES. THE DOCK IS ON MY PROPERTY TAXES AND I HAVE PULLED PERMITS TO MAINTAIN THE DOCK THEREFORE OVERTIME THE DOCK IS OWNED BY ME. I MAINTAIN THOS RIGHT OF WAY WHICH IS CONNECTED TO THE LAND I SHORED UP. THERE IS NO USE FOR THIS RIGHT OF WAY ANYMORE. DO I HAVE A GOOD CHANCE OF TAKING OWNERSHIP OF THIS LAND VIA ADVERSE POSSESSION? THANKS FOR ANY ADVISE U OFFER.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Guest,

If you're paying property taxes for that portion of the property, you will be able to claim the property through adverse possession. I will suggest you to contact an attorney and take his opinion in this matter. He will be able to guide you in a better manner.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have found an abanded property I have researched it and found the owners names, I mailed a letter to the owner and the owners son, looks like the son payed the taxes for the last two years this year. The letter to the parents was returned undeliverable, the one to the son was not returned or he did not respond. The home has not been lived in for at least three years it is grown up and someone has taken the appliances the air conditioner unit and some window units, you can see where they were, also the wiring has been cut out. My question is can I legally file adverse possesion and move in and make the necessary repairs to live there? I am in Florida. Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

mobile home on my land vacant 2 months how long to apply for title how to get possession messy yard, messy mobile home i have to clean both.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Joyce,

I don't think you will be able to move into the property and claim adverse possession unless you fulfill all the requirements as per the state laws. I will suggest you to contact an attorney based in your state and take his opinion in this regard before taking any actions.

Hi Lucy,

You will have to contact an attorney well versed with your state laws about adverse possession and he/she will guide you in this regard.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

You own over 50% share of a vacant lot. You pay all taxes and HOA dues for 9 years. You don't know where the other owners live. Do you have any rights under adverse possession? Florida.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi KN!

Welcome to forums!

You may claim adverse possession depending upon the laws of Florida. You should contact a real estate attorney and he will further assist you in claiming adverse possession.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Exactly how does a adverse possession on a house in foreclosure work?

Say I have a house in Florida that goes into foreclosure. I move out of the house to let it go back to the bank, but before the bank officially forecloses someone places an adverse possession claim on the property without my knowledge. Now this is the part I don't quite understand...wouldn't the adverse possession claim be negated as soon as the bank forecloses on the home?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Amylynne,

As far as I can understand, it is true that the adverse possession claim will be negated once the bank forecloses on the home.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My grandmother has stopped making payments on a house she was renting out and the home has been vacant for 5 months. She is 81 and would rather see me take over through adverse possession then deal with it anymore. She still owes 72K, can I legally aquire this home?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jessabellsjewels,

Your grandmother can simply transfer the property to you using a quitclaim deed. Then you can pay off the delinquent amount and [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the mortgage to save the home from an imminent foreclosure.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My neighbor recently installed a fence that ran across my property by 2' and attached to my fence to avoid having to pay for his own fence. he did this without pulling survey and in violation of county code which states that his fence should run parrel to mine even though my fence does not come up to the property line. Since I did not authorize his fence to be on my property nor do I want it blocking my access, I served him notice to remove the fence allowing me access again to be able to maintain my property. His response to my letter is that he is going to claim adverse possession since he feels it has been a part of his back yard since he purchased his house 15 years ago and says he has maintained the strip of land. Since the day I purchased my home over 10 years ago I have always maintained that strip of land, weekly, unlike my neighbor who mows his weeds approx. once every 8 weeks. My neighbor claims he wasn't aware it wasn't his property although he asked my permission approx 4 years ago to cross over my property and attach to my fence. During that conversation I told him I would think about it but there would have to a contract agreeing to pay for 1/2 of all costs to maintain and or replace the fence and a gate would need to be installed at which i could have access at any time to get to my property. once I mentioned it was going to cost him, he indicated it wasn't just something they definately were going to do but were just thinking about it. said they were not in a financial position to do it any time soon. I indicated to him that when the time came we could sit down and talk about it but a contract would be imminent before I would make any considerations. 4 years later and in particular after a falling out with this neighbor over his tree almost 20 months ago and we are no longer on speaking terms, one sunday I come home to find his fence installed across my property and attached to my fence. My neighbor now says he is going to claim adverse possession to take my strip of land and avoid having to remove his fence and run one down his own property line. I have providing with my survey showing its my property, I have paid the taxes on it annual and maintained it. he has never questioned me why I would be moving, weed eating or rounding up that my piece of land. On more occasions than not, I would acutally move my strip as well as the rest of his side yard to keep the value for the street view up and because they rarely move their yard. to have my 2 foot strip moved with the rest of his yard being 2'high in grass takes away from the value of the neighborhood. what can I do to stop this? can I have my property professionally staked out? and post no trespassing signs? until I can get to attorney this week to get this in front of a judge and trespass him and order fence removed. am i correct in thinking, i owe the property, my survey deeds indicates that, i pay the taxes and until such time a judge grants them the property i can continue with business as usual when it comes to my property. if i remove his fence that is on my property is that considered destruction of private property? or it it now property since it illegally on my property. I view it similar to if someone parked a trailer on my front yard without permission, i have the right to get it towed off my property. Please advise how to handle. amazes me that if people would pull permits, use a survey and do things legally how much it could avoid. he won't put out for his own fence but trying to prove adverse possession could run him in the 1,000's. I believe the burden of proof is on him since everything is legally documented to me. One last question, i wanted to send them a "written permission to use the property" agreement but I knoww they won't sign it. If I send it to them anyway certified mail and they refuse to sign it does that stand up in a court of law? Sorry for so many questions.....

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