Legal Question in Real Estate Law in Washington

Fence vs property line

I purchased my house in 2002, the west side is a paved driveway/parking area that goes up to a chain link fence that has been there for over 20 years. A developer has started developing the land on the other side fence. Before the public hearing on the development, the developer sent me an email stating they will use my current fence as the property line. Now that the public hearing is over and the developer is revising the final plat, seems he is trying to claim the true property line in is my driveway. Can he do this? Thank you

Asked on 12/04/05, 1:32 pm

1 Answer from Attorneys

Lee Brettin Brettin Law Office
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Re: Fence vs property line

Yes he can. However proving that he has an interest that extends beyond the fence is another matter. In order to prove his claim he will have to file a quiet title action against you and win. Adverse possession or quiet title actions tend to be expensive because they are very fact intensive. If you would like to discuss this matter in more detail, feel free to call me.

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12/05/05, 6:47 pm

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