0
Is there a statute of limitations on encroachment After 10 years of having our fence one foot over the property line do we have to move the fence?
Wiki User
∙ 16y ago
Quite frankly, it would depend on where you live. My advice to you would be to visit the city or town hall and ask them for their advice. Chances are that you or your neighbour will have to hire someone to survey the land to prove who owns the land the fence currently sits on. First, you should hire an attorney who will help you frame the proper question, such as "what is adverse possession" and the relevant statute of limitations and other elements that will determine your case. Second, you should not rely exclusively upon advice obtained at town hall. Civil employees are not generally authorized to give legal advice to the public, and even if they do, it is not necessarily correct. Third, the law of trespass (and adverse possession of real property) is rather complicated and you should not jump to conclusions.
If you do not prove adverse possession, which seems likely at this point, and it is proven by survey to be on his property, yes, you will have to move it. If you do prove adverse possession (your lawyer will explain the rules), then not only do you not have to move the fence, the property on your side of the fence becomes yours.
Wiki User
∙ 16y ago
Add your answer:
Earn +20 pts
What is the statute of limitations on having to pay a bank Back for a student loan?
Most student loans have no statute of limitations, even if issued by a bank.
If the statute of limitations for 3rd degree felony have passed can I return to Colorado?
You need to consult a criminal lawyer. Having been out of the jurisdiction may very well toll the statute of limitations.
What are the statute of limitations for a mobile home on your property?
Having a mobile home on property is not going to be subject to any sort of limitation. If the law does not allow it to be there, the citation can be issued at any time. If no citation was issued while it was there, typically the citation would have to be issued within two years.
What is the statute of limitations on murder in Mississippi?
Mississippi goes hard on people that commit murder. They do not have a statute of limitations on most felonies. Because there is no limit, there is no reason to toll the statute of limitations.
Statute of limitations for dental malpractice in new york state?
If you are having dental work done, you will likely need to pay for it. However, if you run into problems paying your bill it may go into collections. In the state of New Jersey the statute of limitations on a dental bill is 6 years.
What is the statute of limitations on having to pay a hospital bill in Arizona?
In Idaho, there are no statue of limitations on having to pay hospital bills directly from a hospital. However, there is a 7 year statute of limitations in Idaho for hospital bills bought by a factoring or collection company.
Does an illegal contract supersede statute of limitations despite years having passed?
It will likely be based on case law /presedence in the state of enforcement.
Is there a statute of limitations on a no insurance citation?
If you were issued a ticket for not having proof of insurance, there is no limitation. You have already received notice of the charge and the process to follow.
Is there a statute of limitations on a bench warent for a misdaimer?
most states have a statute of limitations for everything with the general exception of rape murder n arson with some states only having the murder...generally most states its 3 5 or 7 years dependant on original crime n severity
What is the general statute for not having a living will?
There is no general statute for not having a living will.
What is Florida felony statute of limitations?
It depends on what felony, which you did not provide. Please restate the question.
Is your tax federal government wiped out after ten years?
In general, an IRS debt has a statute of limitations of 10 years. If the government cannot collect the debt within ten years, they write it off and it is no longer a valid debt. There are several things that can "toll" the statute of limitations, or temporarily stop it from running. These can include, but are not limited to,: 1. Filing an Offer in Compromise -- the statute of limitations does not run for the entire time that an Offer in Compromise is under review. 2. Filing a lawsuit against the IRS -- the statute of limitations does not run for the entire time litigation against the IRS is pending. 3. Filing for bankruptcy -- the statute of limitations does not run while you are under the protection of the bankruptcy courts, and it does not begin running again until six months after the bankruptcy is discharged or dismissed. 4. Filing a Collection Due Process (CDP) Appeal: a CDP Appeal is an administrative appeal that can be filed to protest proposed levies and seizures of property. The statute of limitations does not run while this Appeal is pending. 5. Military members serving in combat zones: the statute of limitations does not run if you are a member of the military serving in a combat zone. There are other small things that stop the statute of limitations from running as well. As a general rule, whenever the IRS is legally prohibited from attempting to collect the debt the statute of limitations is not running. Because many people will take one or more of these actions throughout the course of a ten year period, in practice the IRS usually ends up having 11-12 years to collect a debt, but that depends on each individual situation. 10 years is the baseline that everyone starts with.
