Neighbor surveyed property - adverse possession laws?

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SilverLake4

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Hello and thank you for reading my thread.

Approximately two weeks ago my neighbor informed me that she was having her property surveyed because her nephew (who is in real estate) thought it would be a good idea. He thought that the fences encroached onto her property.

Today, surveyors came out and placed property line stakes that extend up to 4 feet beyond the fence into my yard.

A little history - we will have owned the house 11years on Sept. 30th, 2007. The fence and retaining wall were here when we purchased the house. Neighbor has said she helped the former owner of our house build the fences where they currently stand, and witnesses (other neighbors) will verify this. She cut down trees a few years ago without consulting us and when I confronted her claiming she was cutting down my trees she apologized and offered to replant whatever I decided as replacements. Neighbor recently built a new retaining wall acroos the front of her property and stopped the wall based on the fence lines. I have been maintaining the property since we moved in and the previous owner maintained it before us. I am currently trying to contact the previous owner to determine when the retaining wall that keeps the property (which I thought was ours since we purchased) from falling onto our driveway. I assume this wall was built when the house was constructed in 1968. The surveyors stake is less than 2 feet behind the wall.

Washington State adverse possession law states a 7 year time frame as well as paying taxes. I do not know what my neighbors intent is at this point (she left before I could ask her) but I believe she wants to try to reclaim the property and cut down more trees, move the fence, etc.....

I have always believed (since we purchased the house) that the property on our side of the fence line belonged to me, and have maintained it as such, and paid my property taxes believing that it was part of my property.

Besides determining my neighbors true intent, how should I proceed in order to keep what I believe to be my property?

Thank you in advance for reviewing this, and any help/advice you can give.

Sincerely,

Andy
 
Update-

Neighbor finally came over this morning to let me know that she is going to move the fence to where the surveyors marked the property line. I let her know that I would not allow that to happen as we have "maintained and used" this property for 12 years assuming that it was our property all along, and were NEVER informed otherwise.

I stated the adverse possession law for WA state of 7 years and she knows of this so obviously she is either being advised by an attorney or has done some research on her own. I offered a compromise - there is a couple of feet on the front half of my property that sits up above my retaining wall that I offered to her (with an easement granted for me if I need to work on drainage or anything for said retaining wall) in exchange for the property in the back yard.

No deal - she wants it all. If I have to fight this I am going for all of the property, including the area above the retaining wall that I have maintaned for the past 12 years.

Can anyone please give me some advice on this? Should I get an attorney immediately?

Thank you,

Andy
 
Yes, get an attorney immediately.
 
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