Neighbor has an adverse possession claim on us

[samiamscott]

Our neighbors had a survey done, and it turns out that what we thought was the property line for the past 28 years is really 18 inches into our property. Or in other words....our neighbors to the south of us are using 18 inches of our legal property.

This 18 inch strip lines their driveway, and our neighbors told us they had a strong adverse possession claim since they've been maintaining it for 20+ years.

However, it's our property. We've been paying taxes on it. And this 18 inch strip is 100 feet long. They claim that every time they back out of their garage or turn around, they would be trespassing, and they would be.

These people have banned us from hiking on their land, so we don't want to give them anything. They're dreadful neighbors.

What legal claim do we have? Shouldn't they have to pay a fine for building their home so close to the property line? Does this have to be expensive? Can we just claim the land back by building a fence? They won't be able to use their garage...can they sue us for building a fence that locks them in?

 

[seniorjudge]

You need a boundary survey and a lawyer.

 

[lwpat]

Since you thought it was the line for 28 years, why is it just now a problem? They have a strong claim and you will waste a lot of money if the two of you get in a legal fight. Put up a fence on the agreed line.

 

[samiamscott]

Thank you for the information. I consulted with an attorney who told me that if I want that land back that I have to start maintaining it, so I sent my neighbors a certified letter telling them to get their stuff off my land...

As it turns out, I can't maintain the land without tresspassing, so it's a lost cause anyway. And it cost me $700 to find this out.

The attorney came out and took pictures, but pretty much told me there was nothing I could do. So it's a waste of time. What a stuipid law.