My neighbors disagree to leave my property

[OlgaNo]

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

The timing I have mentioned: I live on my property about 20 years and they are about 25. The trees behind my fence is original since construction time 1987. They did nothing to maintain the 300 sqf behind my fence due to the trees and bushes. But the tree and rhode they have planted about 7 and 3 years ago. They now have new blueberry bushes along with it. The problem I have that they said that they have witnesses - which is false and fraud- and their son in law is attorney. Can I do a quiet action title? The whole thing is very upsetting

 

[OlgaNo]

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.

I have been paying my property taxes all along.

 

[quincy]

I have been paying my property taxes all along.

First, don't let the fact that they are related to an attorney intimidate you. The son-in-law may have no knowledge of this area of the law, probably has no interest in assisting his in-laws in a legal matter, and can't help his in-laws anyway if he is not licensed to practice in Washington.

Thank you for providing additional information. I refer you back to my earlier advice. Your neighbors do not appear to have a legal claim to your property. Show them the law and the survey, give them their options on the bushes (transplant or lose them), and then go ahead with the construction of your fence.

Please note that my advice is based on what you have disclosed in a few short posts. I am not at all sure what you mean by your neighbors having "witnesses."

For a better look at where you stand legally, you should discuss the dispute over the property with an attorney in your area.

Good luck, OlgaNo.

 

[justalayman]

They have not been utilizing the property long enough to assert a valid adverse possession claim BUT they are getting close. You need to act now to avoid them accruing a valid claim, of course if the other requisites are met but those other requisites are settled in an expensive court setting. I would follow quincy's advice and see if they rebut your claim to your property.