My neighbors disagree to leave my property

[OlgaNo]

What is the name of your state (only U.S. law)? Washington

 

[quincy]

What is the name of your state (only U.S. law)? Washington

You can use the "edit post" feature or the "reply to thread" feature to add details.

Are your neighbors trespassing on your property? What is the concern?

 

[OlgaNo]

You can use the "edit post" feature or the "reply to thread" feature to add details.

Are your neighbors trespassing on your property? What is the concern?

They said they are going to sue me. Should I do something? Before building new fence? It's my land. I pay taxes. I live here for 20 years.

 

[quincy]

They said they are going to sue me. Should I do something? Before building new fence? It's my land. I pay taxes. I live here for 20 years.

For what reason do they want to sue you?

Is there a property line dispute?

If you want to erect a fence between your neighbor's property and yours, you would be smart to make sure with a survey that the property line is where you think it is before starting construction.

 

[OlgaNo]

For what reason do they want to sue you?

Is there a property line dispute?

If you want to erect a fence between your neighbor's property and yours, you would be smart to make sure with a survey that the property line is where you think it is before starting construction.

I already did.

 

[STEPHAN]

I already did.

If you want us to help you, you need to tell us a bit more.

 

[OlgaNo]

If you want us to help you, you need to tell us a bit more.

My property fence sits 3 ft into my land off the property line. And it's ok. Behind the fence mostly are tall trees and bushes. About 6 years ago, my neighbors planted a small tree close to the tall trees. Because of the composition behind my fence, I didn't say anything. About three years ago they planted a rhode next to that small tree and a lilac.
This year I have ordered a property line survey in order to change my very old fence. I also would like to remove some bushes. And now my neighbors said that they have been caring for my 300 sqf of land for the last 20 years and they are going to claim it. And they said they have witnesses and their son in law is a lawyer. What should I do now?

 

[justalayman]

You say they planted something 6 years ago. 6 years is not adequate time to have a valid claim of adverse possession so, have they been maintaining the area longer than that and if so, how long?

 

[quincy]

My property fence sits 3 ft into my land off the property line. And it's ok. Behind the fence mostly are tall trees and bushes. About 6 years ago, my neighbors planted a small tree close to the tall trees. Because of the composition behind my fence, I didn't say anything. About three years ago they planted a rhode next to that small tree and a lilac.
This year I have ordered a property line survey in order to change my very old fence. I also would like to remove some bushes. And now my neighbors said that they have been caring for my 300 sqf of land for the last 20 years and they are going to claim it. And they said they have witnesses and their son in law is a lawyer. What should I do now?

You could show them the survey and perhaps offer to have the bushes they planted on your property transplanted so they do not have to be destroyed when you construct your new fence.

 

[OlgaNo]

You could show them the survey and perhaps offer to have the bushes they planted on your property transplanted so they do not have to be destroyed when you construct your new fence.

I did offer. They said No

 

[quincy]

I did offer. They said No

I would tell them that they have no legal reason to claim your property as their own - unless your neighbors paid the taxes on the land.

Because the neighbors have refused your offer to transplant the bushes they planted on your property, I would just send them the survey, and you could also send them the dates that construction on your new fence will commence, telling them they should remove any of their plantings prior to that date.

You can also provide them with a copy of the law in Washington on adverse possession, if that is what they are relying on to claim possession. The law does not support their belief of ownership. The law: RCW Title 7, Chapter 7.28, Section 7.28.070, Adverse Possession.

If the neighbors continue to harass you over the property dispute, you can see about getting a civil harassment order - but hopefully that will not be necessary.

Good luck.

 

[justalayman]

Quincy, I don't believe we have adequate information to determine whether the law supports a claim of adverse possession or not. Op has not answered my question regarding time.

Based on your post it appears you are relying on the lack of paying taxes on the property as the limiting factor. I would have to locate it again but in my reading I found statements that the taxes can be sought retroactively by the title land owner from the adverse possessor after a successful AP claim. That would remove the lack of paying property taxes as preventing a successful AP claim.

 

[quincy]

Quincy, I don't believe we have adequate information to determine whether the law supports a claim of adverse possession or not. Op has not answered my question regarding time.

Based on your post it appears you are relying on the lack of paying taxes on the property as the limiting factor. I would have to locate it again but in my reading I found statements that the taxes can be sought retroactively by the title land owner from the adverse possessor after a successful AP claim. That would remove the lack of paying property taxes as preventing a successful AP claim.

After reading the law, I do not see how the neighbors can claim adverse possession based on what has been said here.

Mowing someone's lawn or planting bushes on someone's property is not enough to claim ownership.

 

[justalayman]

After reading the law, I do not see how the neighbors can claim adverse possession based on what has been said here.

Mowing someone's lawn or planting bushes on someone's property is not enough to claim ownership.

Generally speaking you are correct but the op has not said much of what the neighbor did do regarding the property.

 

[quincy]

Generally speaking you are correct but the op has not said much of what the neighbor did do regarding the property.

True. We are not working with a lot of information here.