San Jose, CA · Member since 2016 · 15 posts · 1 vote
Ok here we go, my mom has had her house for 25 years. She resides in California. The fence is and has been on the neighbors property by a couple feet the whole time she has lived there. The lady living there for the last six years just realized this and now she wants to put the fence back where it belongs. This would make my moms addition that the house came with to close to the fence line. Is there anything thing my mom can do to stop this or is she out of luck?
Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
7y
You need to look at property rights, adverse possession, easement by prescription laws as since the fence has been there that long and she and previous owner have been maintaining that property for as long as they have, they may already have rights to it, just need to declare it legally before the neighbor does anything. It all depends on the state and local laws, so a good attorney familiar with title issues would be very beneficial at this stage.