Fences and Boundary Disputes
Where one property ends and the next one begins can be important to your everyday enjoyment of your property -- and takes on particular significance when it's time to sell. Fences can, by themselves, be the subject of major neighbor disputes -- when to repair them, who pays, where exactly they go, and so on. But even if you and a neighbor don't really care about whether the fence is in exactly the right place, or who planted a few extra vegetables on which side of an unmarked property line, a new owner might want to know exactly how much land he or she will be getting. At that point, things might get ugly, with legal arguments arising over whether one owner has managed to lay claim to a piece of another's property through "adverse possession." Learn more about laws regarding fences and boundary lines, and how to protect your rights well before going to court, here.
Fences and Boundary Lines
Fences and Boundary Lines
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How Do I Make My Neighbor Pay for Damage Caused to My Fence?
Explaining to a neighbor that he is actually responsible for fence maintenance, either because it's a shared boundary fence or because it's shared property; and remedies if you can't convince him.
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What Can You Do About a Boundary Dispute With a Neighbor?
Fact-checking and negotiation are often important steps before considering suing a neighbor over property-line disagreements.
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Can Neighbor Replace Our Shared Fence and Require Me to Pay?
Shared payment for a fence is not required in every situation!
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Should We Make a Title Insurance Claim Over a Boundary Dispute? How?
Title insurance companies should help resolve disputes about fundamental ownership issues like property lines.
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What's a Spite Fence and What Can I Do About the One My Neighbors Built?
If your neighbor constructs a spite fence, making the neighborhood look terrible and calling attention to the property, can you file suit?
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Neighbor Built Fence Over the Property Line. Does He Now Own That Land?
The fact that your neighbors are not actively "using" the portion of your land behind their fence would not stop them from asserting an ownership claim based on adverse possession.
Adverse Possession Claims Against Another's Property
MoreAdverse Possession Claims Against Another's Property
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Adverse Possession: When Trespassers Become Property Owners
A trespasser can sometimes gain legal ownership of land just by occupying it. Here's how.
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Neighbor Built Fence Over the Property Line. Does He Now Own That Land?
The fact that your neighbors are not actively "using" the portion of your land behind their fence would not stop them from asserting an ownership claim based on adverse possession.
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What "Actual" Possession of Property Means in an Adverse Possession Claim
One of the key elements in establishing a claim for title to another person's property using the doctrine of adverse possession, is that the trespasser's possession was actual.
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State-by-State Rules on Adverse Possession
Under certain circumstances, a trespasser can come onto land, occupy it, and gain legal ownership of it. Here’s where to find your state rules covering adverse possession.
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Who Can Claim Property Based on Adverse Possession in New York?
New York state landowners face less risk of losing property to adverse possession than those in many other states.
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Who Can Claim Property Based on Adverse Possession in Texas?
As a general rule in Texas, one’s ownership of land must be in writing to be enforceable. You need a deed or conveyance indicating that you are the true owner.
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Who Can Claim Property Based on Adverse Possession in California?
How a trespasser can end up gaining ownership over a California landowner's property.
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