Adverse to giving up land

[chrisy]

My State is Connecticut.
My Neighbor is claiming adverse possession on my land.
She states that prior to her living at her present address, her now decease
Husband installed a fence on my land. The fence has been there for over 15 years. The fence is located at a top of a hill or a ledge depending where you stand. The fence encroaches from 1" to 2 feet on to my land.
My claim is that the fence serves me, because it protects occupants of my land from falling off the ledge or down the hill.
In Adverse possession the use of the land must be exclusive.
Does this deny her the claim of exclusive use?

 

[I AM ALWAYS LIABLE]

My State is Connecticut.
My Neighbor is claiming adverse possession on my land.
She states that prior to her living at her present address, her now decease
Husband installed a fence on my land. The fence has been there for over 15 years. The fence is located at a top of a hill or a ledge depending where you stand. The fence encroaches from 1" to 2 feet on to my land.
My claim is that the fence serves me, because it protects occupants of my land from falling off the ledge or down the hill.
In Adverse possession the use of the land must be exclusive.
Does this deny her the claim of exclusive use?

My response:

Your neighbor owns the land. You failed to assert your rights to the fence encroachment within the 15 years last past. Read the following:

http://www.lectlaw.com/files/lat06.htm

http://tarlton.law.utexas.edu/dawson/cases/use/kellogg.htm


IAAL

 

[chrisy]

Thanks for commenting on my concern of adverse possession.

I hope that you may comment again because I believe that I did assert my right to the fence and the land.

I purchase the property in 1996 with the existing fence.
In the year 1999 I had a survey completed with field markings plain to see.
At this point in time my neighbor made no claim to my land, and made no challenge to my ownership.
In 2003 I informed my neighbor that my new construction would require that my fence would be moved. She then verbally complained that the fence was hers.
I then field and affidavit with the city stating that the fence and the land was mine and rejected any of her claim to my land.

In 2004 I started construction and my neighbor sued for adverse possession.

One of my concerns comes from the fact that I never saw the fence as belonging to anybody but me. When she did claim the fence and the land, I immediately denied her claim.

I had believed that the fence and the land was mine. I had no reason to think that there was an issue until 2003.

For the fence to be open and notorious do I have to believe that the fence belongs to my neighbor?

 

[chrisy]

Well if any body is interested, here is the continued story on my neighbor suing me for adverse possession.

The court date finally came. My neighbor had 2 attorneys. So prior to my court date I was concerned that my attorney was being out number so I brought in a second attorney at the last minute.

Prior to the start of the trial, all the lawyers were called to the judge's chambers. In chamber, the lawyers had heated arguments on many issues it went on for less then an hour. The plaintiffs’s attorney even argued amongst themselves. The tone had been set and the trial began. The court started without the Jury so the judge could hear opening motions. The plaintiff's attorneys made motions to have my new attorney removed due to a conflict of interest. This started allot of arguments in the courtroom. It was chaos. The judge was about to declare a miss trial but then the judge decided to call the attorneys back into judge’s chambers.

Surprisingly when they came out, the plaintiff's attorney may and offer to settle. They agree to pay me if I let them win.

The lawyers drew up a written document that is a frame work for a settlement however they still have not determine the exact measurements.

All of the issues have been remove from the courtroom. It is up to the attorney to resolve the final issues.

 

[jnazareno]

Well if any body is interested, here is the continued story on my neighbor suing me for adverse possession.

The court date finally came. My neighbor had 2 attorneys. So prior to my court date I was concerned that my attorney was being out number so I brought in a second attorney at the last minute.

Prior to the start of the trial, all the lawyers were called to the judge's chambers. In chamber, the lawyers had heated arguments on many issues it went on for less then an hour. The plaintiffs’s attorney even argued amongst themselves. The tone had been set and the trial began. The court started without the Jury so the judge could hear opening motions. The plaintiff's attorneys made motions to have my new attorney removed due to a conflict of interest. This started allot of arguments in the courtroom. It was chaos. The judge was about to declare a miss trial but then the judge decided to call the attorneys back into judge’s chambers.

Surprisingly when they came out, the plaintiff's attorney may and offer to settle. They agree to pay me if I let them win.

The lawyers drew up a written document that is a frame work for a settlement however they still have not determine the exact measurements.

All of the issues have been remove from the courtroom. It is up to the attorney to resolve the final issues.

was this worth the money for hire those two attorneys for a couple of feet of land ? just wondering

 

[chrisy]

Absolutely, it was not worth it.

There was a great amount of money spent and little to show for it. The lawyers got rich.

The problem was that even though I was willing to compromise the opposing party maintained the position that I should just give them the land. They calculate that I would do the intelligent thing and not spend the money on lawyers, and surveyors.

My recommendations is if you are going to fight a claim of adverse possession make sure you are comfortable with spending more money then what the land maybe worth.