Legal Question in Real Estate Law in Indiana
Property Lines
We recently purchased a home in Rocky Ripple. Our side yard is separated by an unimproved alley way, from our neighbors back yard. We did receive a survey with our papers at closing. There is a line of bushes in our back yard that I started to move, b/c we didn't like them. The wife came out and told me they were hers and that is was the property line. I told her it wasn't the property line, that we had a survey. She said no one had challenged them on it before and they have lived there 20 years. A few days later,she and her husband came by and conceded the land was ours and they would move the bushes. Now, he won't move them and he keeps mowing the grass. Word from other neighbors is, he is trying to say he took care of it, so its his. This property had been a rental for several years before we bought it...so I assume no one ever said anything to him about it. What are our rights and can he just take our land?
1 Answer from Attorneys
Re: Property Lines
There is an exception to the property laws aclled adverse possession which could defeat your title to the land depending on the length of time involved. If the disputed line was kept that way by the owners in an open and notorious manner for ten years, it is conceivable that the land now belongs to them.
You are a long way from there as it takes a Court to enter a judgment after considering all of the facts and evidence-remember you have legal title and the burden is on them to prove that the doctrine of adverse possession applies-it is difficult to prove and a court will be reluctant to take it from the legal owners unless all the legal requirements are strictly met and proved. Tell them it is your property and give them 10 days to clear or you will do it and put up a fence. If that doesn't work get an attorney to write them disputing any claim they might have
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