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Gate Fence

October 4th, 2010 admin No comments

Gate Fence
I have a question about a fence and gate?

This is my question does a person have the right to block a driveway that has existed and been used for over 40 years, and the neighbors don't know where the property line is and refuses to have a survey? Also, they have begun constructing a fence on what I believe to be on my property. The boundary steaks have been removed from the ground by the neighbors. What can be done?

In MOST states, removal of surveyor stakes is a criminal offense. Second, you can get the property surveyed (your property). If its going to get messy, you wll need it done anyway.

Third, the writers are talking about adverse possession. This requires exclusive dominion, possession, and control of property by someone who does not have record title to the propery. It is usually asserted specifically in your situation (where the owners really do not know where the boundaries are, and somone puts part of a house or improvement on what turns out to be someone else's property.

Your problem, of course, will be showing that you exercised exclusive dominion and control over the property. Was the drive was an easement (a right to the property, conveyed), or merely a license granted by the other owner (big difference in the law). Or, do you actually own that property?

As you can see, this can be a very complicated area, and legal adviice is required.

The first step, however, is for you to determine where your property lines are. So get your property surveyed.

Then, go to an attorney to discuss your options.

Note -- these disputes often get personal and nasty, which means -- the parties want to fight -- which means, VERY VERY EXPENSIVE.

I was in a case once where the dispute of property lines involved a mere few feet of land. If the case had settled early, the value of the disputed property was only a few thousand dollars. Then there was an offer to move a driveway (at other side's expense), PLUS a few thousand dollars.

Instead, for ONE SIDE of the litigation, attorney fees exceeded $100,000 because it became personal. No parties were interested in a reasonable resolution. (COmplicated, because title companies were footing the bill).

In the case to which I refer, there were a total of four parties involved. Assuming that all four parties had similar attorney fees, they spent almost 1/2 million dollars on attorneys fees over, at most, a $5,000 strip of property. Indeed, they could have bought a brand new house for that price -- instead, each attorney gets a boat!

Good luck