Full question:
We recently had our property surveyed and found that our neighbours fence crossed onto our side of the property line, she had it built about 5 years ago. She offered to have it removed after the survey was done and surpisingly to us when we agreed it should be removed she retaliated and told us she wanted less than 2 sq. feet of our concrete driveway removed which lapses onto her side, it has been down for 20 years and was put down by the contractor who built both our homes. What is the best solution for us?
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: Washington
Answer:
When dealing with a boundary dispute like this, there are a few legal concepts to consider. One is adverse possession, which allows someone to claim ownership of land if they have used it openly and continuously for a specific time, typically seven years in Washington. However, if permission was given to use the disputed area, adverse possession does not apply.
Your neighbor's claim regarding your driveway may also be an attempt to establish a prescriptive easement, which allows continued use of the property without claiming ownership. To claim this, they would need to demonstrate that their use was open, hostile, and uninterrupted.
If the dispute escalates, you might consider a quiet title action to clarify property ownership. This legal action can help resolve who holds the title to the land in question. In such cases, the court may issue an injunction to prevent further encroachment or determine compensation for the encroached property.
For your situation, it may be beneficial to consult with a property attorney to explore your options and determine the best course of action. They can provide guidance based on the specifics of your case and local laws.
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.