Legal Question in Real Estate Law in Washington
fence / property lines
Our neighbor's fence is on our property by a few feet. This fence was there when we purchased the property. The previous owner died and when our neighbor bought the house the fence was there. Does that make all the property inside the fence his?
1 Answer from Attorneys
Adverse possession
You may want to consult with an attorney soon.
Depending on what has been happening with the two properties, your neighbor may have a claim of adverse possession.
To establish a claim of adverse possession, the possession must be: (1) exclusive, (2) actual and uninterrupted, (3) open and notorious, and (4) hostile. Possession of the property with each of the necessary elements must exist for 10 years. The party claiming adverse possession has the burden of establishing each element.
On the other hand, if the fence is where it is due to an agreement of the owners at the time the fence was installed, there may not be adverse possession.
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