Any Lawyers around here?

Discussion in 'The Pub' started by Tune-O-Matic, Mar 1, 2015.

  1. Tune-O-Matic

    Tune-O-Matic Member

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    I got a simple question.

    A neighbor installed a fence a few years ago. At the time, I wasn't sure if the fence was on my or his property. We recently had to have a new survey done and we find that his fence is actually on my property.

    Do I have a right to remove the fence and at whose expense, his or mine?
     
  2. XKnight

    XKnight Member

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    I only play a lawyer on TGP and would have to charge you for a consultation first, but I will tell you that the answer depends on many factors.
     
  3. NormH3

    NormH3 Member

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  4. aynirar27

    aynirar27 All You Need Is Rock and Roll Gold Supporting Member

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    this was a PRS forum, so yes, yes there is.
     
  5. Powderfinger

    Powderfinger Gold Supporting Member

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    Google "adverse possession."
     
  6. Tiboy

    Tiboy Member

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    He is trespassing on your property. You have the legal right to demand that he remove the fence.
     
  7. NormH3

    NormH3 Member

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    nevermind
     
  8. Peteyvee

    Peteyvee Premium Platinum Member

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    I'd have to review your state laws to give you the correct advice. In the meantime, please PayPal me a $600 consultation fee for this post, as I'm billing this post out at my one hour rate. Thank you.
     
  9. Tom CT

    Tom CT Old Supporting Member Gold Supporting Member

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    :huh
     
  10. NormH3

    NormH3 Member

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    OOOPS.. How did I miss that. Never mind. Damn ADHD
     
  11. CRBMoA

    CRBMoA Member

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    In Oregon, the 3 minimum conditions that allow for a claim of adverse possession are 1) Open, 2)Notorious and 3) At least 10 yrs.

    I do not know NY land law, and unless you can recite Black's definition of #'s 1&2, you should be looking for a real lawyer.
     
  12. Papanate

    Papanate Gold Supporting Member

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    You have the right - and he has the expense.
    Have you talked to him about the infringement?

    Bring a beer over (if you guys drink beer....) and have
    a direct and friendly chat about his infringing on your property.
    Then get an agreement/timeline for the removal. If he's not
    considerate and starts to screw around - immediately get the
    issue to court.

    In my experience - 98% of the infringes are just lazy and didn't survey
    the property lines prior. About 1% are trying to appropriate land in a
    clandestine manner - and about 1/2% are cantankerous old coots attempting
    to disrupt your life and cause a dispute.
     
  13. Powderfinger

    Powderfinger Gold Supporting Member

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    Agreed, but having a fence is probably "open and notorious."
     
  14. ademus

    ademus Member

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    Dude, I'm not an attorney. But have dealt with these issues here in California, where I live. Just pony up the minimal consultation fee. Plus, educate yourself prior. So as to get the best value from your attorney. Mine told me to get the neighbor out, start the chainsaw and ask him where he wanted his crap. He removed the fence with alacrity. Also, at least in California, there is a time limit which you must observe. Good luck.
     
  15. CRBMoA

    CRBMoA Member

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    Open, yes. Notorious requires possession or encroachment that has been contested by the injured party. For the duration of the encroachment.

    Been in the title business since the 90's. Third generation, and my father in law and HIS father were lawyers.

    I have not ever seen a clear judgment in favor of the Adverse Possessor.

    Papanate is wise. You don't even know if you have a problem until you talk to you neighbor. Litigation is a last resort, not an opening move, IMHO.
     
  16. AZChilicat

    AZChilicat Member

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    The thing to remember, if you're trying to protect your rights yet not make an enemy of your next door neighbor, is that you can simply document your permission to have that fence there but that you reserve the right to enforce your property rights at a future point in time. IANAL but thought I'd toss that out there as not all solutions to protect your rights have to involve acrimony between the two parties.
     
  17. Peeb

    Peeb Member

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    This is probably NOT a simple question.
     
  18. saltydogg

    saltydogg Rock & Roll Enthusiast Gold Supporting Member

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    notorious-fencing is notorious.
     
  19. nsureit

    nsureit Supporting Member

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    Hold on a minute. Is it a nice fence? Is it functional? Is it causing a nuisance? If you like the fence, just make some kind of legal agreement that establishes the facts of the property line, and you give permission for the fence to exist on your property while requiring the neighbor to maintain it. Also, if the fence falls into disrepair, it must be removed at your discretion.

    Sorted.
     
  20. NormH3

    NormH3 Member

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    The problem with this is that if either party decides to sell their property down the road, it will show up on the buyers survey and most likely hamper the deal. It has to be fixed.
     

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