Full question:
If my chain link fence is recessed 4' into our property, does my neighbor have the right to connect to my fence without my permission?
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: Arizona
Answer:
Property boundaries are generally determined by surveys. For a neighbor to claim your property through adverse possession, specific conditions must be met. This includes actual, uninterrupted use of the land for a period that is open and hostile to the owner. If you give permission to use the area, adverse possession does not apply.
In Arkansas, the period for establishing adverse possession through a prescriptive easement is seven years. According to Arkansas law (Ark. Code Ann. § 18-61-101), no person can maintain a lawsuit for land after seven years from when their right to do so arises.
To prevent losing land through adverse possession, you can:
- Give written permission to use the land
- Post signs and block access
- Consult a lawyer
- Contact law enforcement to remove trespassers
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.