Legal Question in Real Estate Law in Connecticut
homeowner property rights
�Over 10 years ago, the home owner's association unintentionally placed a dividing fence between the association�s pool facilities and an abutting member�s yard that encroached a few feet onto member's property. The fence was never contested until recently when a property survey was done. Is the home owner's association required to move the fence?�
2 Answers from Attorneys
Re: homeowner property rights
The association would have to remove the fence except if they can prove adverse possession of the property line. This is a legal analysis that is very fact dependant. For further help, you can email me some of the facts and I can better determine whether the fence has to be removed. My email address is [email protected].
Re: homeowner property rights
Connecticut's law on adverse possession is 15 years of open, notorious and exclusive use under a claim of right. If the fence has been there 15 years or more, the association can probably maintain it and now owns the property within the fence. These cases depem=nd on their facts.
Fran Pennarola
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