Legal Question in Real Estate Law in Virginia

New home owner, found out neighbor maintains part of my yard???

My wife and I just bought our first home four months ago and I would like to install a privacy fence. I went to the county records office and found the property survey (plat?) which was done in 1997. Now, upon review, I have determined that a 4' width of land about 219' long is being maintained by the neighbor as if it belongs to him.

Since I just moved in, can there be any sort of adverse possession that I have to be aware of? I don't care if he's maintained it for 25 years, I want him to cease. Also, his driveway is 1' on my property as well. Not really concerned about this but would like to know what options i have in case it does become an issue. I am concerned about the accuracy of the survey, what steps do I need to take to make 100% sure this is in fact my land. Thanks very much for any advice.


Asked on 9/19/06, 6:03 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: New home owner, found out neighbor maintains part of my yard???

You say "upon review I have determined"... Unless you have had the property resurveyed by a properly credentialed surveyor, you may be jumping to unjustified conclusions, unless, of course, you yourself are such a properly credentialed person.

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Answered on 9/21/06, 7:15 pm


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