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Melmel821
Love being a mom!
Member since 5/08 2776 total posts
Name:
Melanie
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Fence issue
The house we are buying has a fence issue. We are loosing close to 2 feet on two sides of our property. One side is a non issue as it's been taken care of. The back fence however is. The fence is "owned" by the existing gas station and is on our property. But the owner is saying that the fence has been there 30 years and the property is now his. How does this work for us? We just loose our property?
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Posted 5/17/11 5:09 PM  |
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Prudential Douglas Elliman Real Estate
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ChrisDee
My Girls
Member since 11/06 9543 total posts
Name:
Christine
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Re: Fence issue
I do believe that there is some law that states if the fence has been there over a certain amount of time, that they keep the property.
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| Posted 5/17/11 7:31 PM |
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JennZ
MY LIFE!!
Member since 8/05 25463 total posts
Name:
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Re: Fence issue
Posted by ChrisDee
I do believe that there is some law that states if the fence has been there over a certain amount of time, that they keep the property.
Yep. Same thing happenedto MIL, i think anything over three years, they keep it.
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| Posted 5/18/11 7:54 AM |
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Melmel821
Love being a mom!
Member since 5/08 2776 total posts
Name:
Melanie
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Re: Fence issue
I don't understand why we can't just take the thing down. It's on our property and we are paying taxes. There's dirt on the other side! It's not like a lawn that he's taking care of or anything! If a tree's branches are growing on your side you have the right to take it down. I just don't understand this crap.
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| Posted 5/18/11 8:24 AM |
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caps612
In love with my little guys!!
Member since 8/10 5108 total posts
Name:
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Re: Fence issue
If the fence has been there over 10 years or soe (don't remember the exact timing) they can keep it there due to "adverse possession". Its pretty much that its been on your property so long that the propery has become theirs due to adverse possession. we have an issue like this with our yard... but its only 6 inches.
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| Posted 5/18/11 9:12 AM |
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MockingJay
Ring out the old...
Member since 9/08 1312 total posts
Name:
Ring in the new!
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Re: Fence issue
Did they make you get a new land survey as part of the whole mortgage process. If not I would, if you're losing property, that might be something to talk to the sellers about. If they misrepresented the amount of sq ft in the lot, then you're actually getting less property than you originally agreed to and you may want to ask for some money back.
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| Posted 5/18/11 10:56 AM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Fence issue
They're referring to adverse possession.
While it sounds legitimate, I would dispute it. I'm assuming you got a survey when you bought the house & if you've been paying property taxes, then I'd say it's still in your "possession".
http://en.wikipedia.org/wiki/Adverse_possession
Recent change in law: NYS
NY Times article
Message edited 5/18/2011 2:45:47 PM.
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| Posted 5/18/11 2:42 PM |
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Melmel821
Love being a mom!
Member since 5/08 2776 total posts
Name:
Melanie
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Re: Fence issue
I spoke to my lawyer before closing. He said it's really not that much property that it shouldn't be an issue. He also said that when we are ready to take down the old moldy fence we should just do it. Any issues and he will fight for us since he has an updated survey.
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| Posted 5/18/11 4:41 PM |
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