neighbor may claim adverse possession

[heeger72]

What is the name of your state? Kentucky
We had our property surveyed in order to build a picket fence around it. The survey showed that our boundary line between us and one neighbor is 16' off of the line our sellers pointed out to us. We have began mowing and fencing this property but now we hear through the "grapevine" that the neighbor is trying to claim adverse possession. We have only lived here for about 2 years and believe the neighbor has lived there for less than 8 years. Apparently neither of us knew exactly where the boundary line was. If we had known sooner we definitely would have claimed our property (the strip is 16' X 129'). We do not have the money to hire an attorney at this point, I mean we just bought fence and paid for a survey. Can she claim our property through adverse possession? Also, unfortunately, about 3/4 of her detached garage is on this property. What should we do about that? Thank you so much for any advice.

 

[BelizeBreeze]

Send her a certified (RRR) letter with a copy of the current survey and demanding she remove the garage from your property within 10 business days or provide another 'equitable' solution to her continued tresspas or you will seek relief in court.

 

[seniorjudge]

Send her a certified (RRR) letter with a copy of the current survey and demanding she remove the garage from your property within 10 business days or provide another 'equitable' solution to her continued tresspas or you will seek relief in court.

Or you could send a friendly little note that you've always hated your garage on your property and are tearing it down; invite them over for BBQ to watch while the demolition experts go after it.

 

[heeger72]

Thank you for advice

Thank you so much for answering my post. At first we were trying to do the right thing by letting the garage stay there until she sells her property (she is an older single woman).We were going to have a written agreement with her to that affect. But after she told us to "stop working on my property" when we started digging the fence post holes and won't talk to us now the idea of a BBQ sounds pretty good. This woman doesn't even reside in the house right now, she lives somewhere with a boyfriend, and just comes down once a week or so to mow her yard. Her house has had a blue tarp over the roof for almost a year now because it needs new shingles. I don't know why she is worried about her yard when she doesn't take care of the rest of the property.