Legal Question in Real Estate Law in Mississippi

my neighbor is claiming 22 feet of my property, he says that the old fence has been there for more than 10 years and that gives it to him. This land is on the back of our land in the forest. And the survey shows my fence is 22 feet off the true line. I want to move the fence to the true line but he will not allow it. Have I any legal right to move this fence?


Asked on 12/29/12, 11:58 am

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

IN ORDER TO SUCCEED IN AN ADVERSE POSSESSION CLAIM THE POSSESSION HAS TO BE OPEN, NOTORIOUS AND HOSTILE. I SUSPECT THE FENCE PLACEMENT WAS VOLUNTARY AND THERE WAS NEVER ANY HOSTILITY VOICED TO THE EFFECT THAT THE POSSESSION WAS CONTESTED THUS HIS CLAIM WILL FAIL.

HIRE COMPETENT COUNSEL TO CHARGE HIM WITH TRESPASS.

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Answered on 1/07/13, 9:17 am


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