Legal Question in Real Estate Law in Washington

Property Rights - Fence

In 1990 a cyclone fence former owner property A(his renter) was installed replacing a older fence establishing property line between two properties.

In 2003 I bought the property A from the owner. HIs renter in 1990 paid for the fence replacement.

Now the homeowner in property B wishes to develop his property and remove teh cyclone fence to replace with a newer design.

How do I prevent property owner B from removing the fence?

If property owner B surveys land, removes fence then replaces with new fence how can I stop? What dames can I sue for?

What is the best strategy to prevent this development?

I do not want to fight him after the fence is torn down.

Preoprty owner B will start removal without any approval claiming he needs no permission.

I am property owner A been been in residence 3 years. Property owner B has been owner 30 years but is lying about who installed cyclone fence(he is a slum landlord).


Asked on 1/28/07, 8:33 am

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Property Rights - Fence

Okay, your question is not perfectly clear but I am going to try.

You (A) own the cyclone fence and it is on your property, correct? If B does a survey and determines the fence is misplaced, a legal doctrine called adverse possession comes into play. Essentially this is a statute of limitations on controversies over ownership of real property.

If both of you have been treating this fence as the boundary between your properties for 17 years, (and the previous owner of your property counts, the concept is called "tacking") this can be the new boundary. I hate to quibble but I need more information to be more definitive.

If B touches your fence, call the police. That's trespass; he has no right to your fence. The damages are for trespass (and the fence) and your suit might/might not be to quiet title.

In Seattle, one has to have a whole series of permits in order to do new construction. There is a signboard on the property telling you how to contact the City with your concerns and comments. Use that contact information.

It doesn't really matter who installed the fence, it matters who owns the fence and where it is located.

Development in the City of Seattle is tightly regulated, and answer are available on line at the city's website.

Quiet title is a private civil action and you really should consult an attorney about this issue.

Hope this helps. Powell

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Answered on 1/28/07, 11:36 am


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