Expert: Dick Dennis - 6/12/2008

Question
I bought my house in November of 1999. There was an empty lot next door. Someone bought the lot in 2005 and built a house in 2006. The fence between my house and the newly built house has been in place for over 20 years. The new owner claims the fence line is wrong and wants to move the fence.He has gotten a survey which supports his claim. The land in question is landscaped with mature trees and shrubs and has been for over 20 years .I have maintained the land in question since I moved in in 1999. Does he have a legal right to moving the fence ? Do I have a legal right to keep the fence where it is ? Thanks for your help. Jeff

Answer
This is a common occurance, Jeff, especially out in the boonies or when there are empty lots next door. This happens when someone didn't want to pay for a legal survey sometime in the past.

However, I think you are hinting that when a property line as been used or maintained at a certain position that it should be "grandfathered" over. Not necessarily. One of the requirements for that to happen is if the line or property has been used by the claiming party against the will of the contesting property owner. In some states like Texas, it has to be 20 years. Other states much less.

So what you have to do is to consult with a REAL ESTATE attorney. Or if the amount of land is not that much to fight over, then forget about it and just make sure that he does abide by the survey HE HAS.
Otherwise, you can go hire your own surveyor and then settle between the two surveys. I do wish you well.

Dick Dennis