Answers (6)
- Vince Curtis, "SoCal Appraiser"
- Contributions:5426
Attorney time !
- SoCal_Engr
- Contributions:6591
The term you are looking for is "adverse possession". In short, it is the right to use property based on a history of having used it.
It's not a lock, and you likely need to talk to a RE attorney, but that is the applicable term/concept.
It's not a lock, and you likely need to talk to a RE attorney, but that is the applicable term/concept.
- Cheryl Talbot Real Estate, "Virginia Beach Homes"
- Contributions:722
The best answer here is to seek legal counsel. An attorney will know your rights and remedies for the situation with the fence. With the many years of there not being a fence there, it would almost seem to weigh in your favor. You need legal counsel to know for sure. Every state and every county is different. That's why you need an attorney. Good Luck!
- Jim Stevenson, "therealtorguy"
- Contributions:1454
Check with a local attorney, most have a first free consultation. In some areas, if you have been granted use for a certain amount of time, then you cannot be denied use; 40+ years certainly falls within that time frame.
At one time I owned, maintained and paid taxes on a road that my neighbors used. I was considering denying one of the neighbors the use of the road. But I was informed that because I had let him use it for more than seven years, I could not deny him further use of the road. So hopefully you will have the same luck my neighbor did.
Let me know how it works out for you!
At one time I owned, maintained and paid taxes on a road that my neighbors used. I was considering denying one of the neighbors the use of the road. But I was informed that because I had let him use it for more than seven years, I could not deny him further use of the road. So hopefully you will have the same luck my neighbor did.
Let me know how it works out for you!
- Bob Southard, "Bob Southard"
- Contributions:93
If there is a recorded easement then the neighbor cannot put up the fence. If there is no easement or some other type of recorded deed provision then you need an attorney.
- Dan, "the_country_hick"
- Contributions:4827
Do you have a deeded right of way to use that driveway? If so the fence is not allowed.
can my new neighbor put a fence down a unpaved shared dive way
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