Legal Question in Real Estate Law in Indiana
The empty lot next to mine was sold and a survey was done.
They say that the fence dividing the two properties is encroaching on their property.
The fence has been there for at least 20 years. It was there when I bought the place . I've maintained my side for seven years.Do I have to move it?
What does the law say?
Asked on 1/08/16, 8:24 am
1 Answer from Attorneys
Kenneth Wilk
Rubino Ruman Crosmer & Polen
There are certain circumstances, under the theory of adverse possession, where the fence might stand. But I don't think that you qualify. You probably have to move the fence---your prior owner made the mistake. That should have showed up when you did the survey before the bought the property.
Answered on 1/10/16, 6:17 am
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