Legal Question in Real Estate Law in Virginia

I have lived in my home for the last 46 years, it belonged to my grandparents and I lived with them from the age of 3 months. There is a small short fence on one side of my property about 6 feet or so from my carport. The people that lived in the home at the time said my grandfather could utilize some of their yard and so it was built pretty much on their property line. That fence has been there since I was at least 2 (I have photos) and perhaps prior to that. I purchased the home from my grandmother back in the 90's and both of my grandparents are now deceased. Of course the neighbors living there now are different from the original owners. The fence still remains. I asked when they moved in if I could purchase some of the land so I could put a new fence in. When it was surveyed it came way over on my property. Can't I claim that land as mine since I have used it consistently without argument for so many years? What do I need to do, I want a new fence, but dont want to move the existing until I get this cleared up.


Asked on 7/08/11, 7:54 am

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

Your claim is unlikely to stand legal scrutiny in court as you acknowledge

that the original use granted by the owner of the adjacent property was permissive in nature (which apparently never changed) and not openly hostile, notorious, adverse (to the interest of the owner), etc., on the part of your grandparents, and hence your claim is unlikely to qualify, legally speaking, as one of adverse possession or an easement by prescription (in my opinion).

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Answered on 7/08/11, 8:44 am


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