Legal Question in Real Estate Law in Washington

Boundary Issue in Everett WA

We have a neighbor who put up a fence along the north border of our lot before we bought our home (6+ years ago.) The prior owner of our home told us the fence really wasn't in the right place and was placed some 2-3 feet inside the true property line on our side. He had told the neighbors this, but they proceeded anyway. He did not take any further action. We would like to reclaim this land...how do we go about doing it? Do we simply get the land surveyed, explain to the neighbor, and do as we like? Who handles the expense of removing the existing fence? Is there any reason they would have a case for the land--like since we haven't disputed it for many years? Also, what is the general rule for shared fences, as our next thought would be to install a new fence along the correct line.

Thanks.


Asked on 3/13/09, 2:30 pm

1 Answer from Attorneys
P. Jayson Thibodaux Law Office of P. Jayson Thibodaux

Re: Boundary Issue in Everett WA

If you are concerned with the location of the fence, a survey would be helpful and may lead to surprising results. If the fence is inside your property line, you could demand they move the fence at their own expense.

Your neighbor might be able to claim the land within the fence under the doctrine of adverse possession. In order to succeed, your neighbor would need to establish that they had exclusive use of the land, the use was continuous for the statutory period [10 years in this case], the use was hostile to the owner�s interest, and the use was open and notorious.

Good Luck.

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Answered on 3/13/09, 3:28 pm


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