Full question:
I purchased property in 2005 there is an existing fence on the north side (Barbwire, old 50+ years). Had a survey done in 8/12/2008 and it shows my property is around 12 feet north of the existing fence. The neighbor to the north of course thinks this is his property. The area in question is 12' x 1105' Is this my property legally and do I forfeit this if I do not move the fence? In what amount of time would I need to move the fence?
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Washington
Answer:
The legal ownership of the 12-foot strip depends on several factors, including how long the fence has been there and whether adverse possession applies. In Washington, a claim of adverse possession requires uninterrupted, open, and hostile use of the property for seven years. If the court finds the fence is on your property and adverse possession hasn't been established, it may order the fence removed or require compensation for the encroached property.
Adverse possession allows someone to claim ownership of land after using it for a specified period, which in Washington is seven years. The use must be open, hostile, and exclusive, and the possessor must pay property taxes during this time. If permission to use the land was granted, adverse possession does not apply.
If you determine that the fence encroaches on your property, you may want to consider legal options such as filing a quiet title action to establish your ownership. This process can also include seeking an injunction to remove the fence if necessary. Alternatively, you might negotiate a boundary or easement agreement with your neighbor.
In summary, you should consult with a legal professional to explore your options based on the specific circumstances of your case.
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.