Legal Question in Real Estate Law in Washington
property line
When we bought our house 10 years ago there was a
barbed wire fence between us and the next property. It
was not maintained well and was down in places.
Then, about 6 years ago, a house was built on the next
property. The owner didn't make any property line
claims. About 2.5 years ago the owner sold the house
to new owners. We put up a short wire fence along
most of the property line well inside the existing barbed
wire fence to contain our dogs. Our fence was not
intended to mark any boundry. Our new neighbor now
says that a short section of our wire fence is on his
property but doesn't want to pay for a survey to make
sure. Based on my untrained measurements from
survey markers, he may be right. He wants us to move
the portion of the wire fence and the garden inside it.
We don't want to move our garden and that portion of
our fence. What should we do? Is 'adverse
possession' a possibility?
1 Answer from Attorneys
Re: property line
The barbed wire fence, if it has stood for more than 10 years, is most likely the boundary line by adverse possession. You will need to contact an attorney for advice and to probably file a quiet title action. Don't agree that the "correct" boundary may be in another location. Title up to the barbed wire fence line has already passed by operation of law. You only need a court order to confirm the fact.
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