Legal Question in Real Estate Law in Pennsylvania
Fence and Boundary Line
Many years ago my parents put up a fence around our property. Some time later they found out the land we put it on was owned by the neighbors behind us, so more than 10 years ago, a surveyor came out and we moved the fence to it's current position. Now in 2001, the neightbors want us to move the fence again so we lose more property. The neighbor claims the last surveyor marked the property line as such and we have to move it so he can put his own fence up and a pool. He also gave us an estimate for moving our fence. Does the PA boundary statue or adverse possession statue cover our case? Must we move our fence again? And pay for the expenses?
1 Answer from Attorneys
Re: Fence and Boundary Line
I am a recent member of the Guru network, so I just received this posting.
Adverse possession only applies after 20 years. Since the fence was moved 10 years ago, it would not apply. Even if it had been 20 years, the possession must be adverse with knowledge on the part of the other party that your parents do not have a right to the land. Since there has been a question, or at best, a mutual mistake, adverse possession would not apply.
However, it may make sense to obtain your own survey. If the surveyors agree, the neighbor is within his rights to require that the fence be moved. If there is disagreement, your parents have a right to insist they are correct. The neighbors would have to pursue the matter in court to obtain relief.
I trust this has been helpful, but feel free to call or e-mail with further questions.
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