Maybe. Mutual acquiescence is accepted in most states, and would allow you to keep the fence as the property line. Talk to a real estate attorney in your area for information on your state's laws and how they apply to your specific situation.
No. Dong so may cause adverse consequence if and when one of the two parties move. It is your property and therefore your responsibility to fence your own yard. You can share the fence and the costs. You would each pay half. Also, depending on the laws where the property is located. If your neighbor puts a fence on your property and not on the property line (a few feet inside on your property) they could end up owning those few feet after several years. Adverse possession.
If its erected on your property it is your property. If it's on common land or adjacent to property owned by you, it doesn't become yours just because it has been standing for so many years.
If the fence has been in place for 21 years, it may fall under adverse possession laws, meaning the neighbor may not be able to force its removal. It is advisable to consult a real estate attorney to understand your legal rights and options in this situation.
First of all, definite ownership needs to be established. There needs to be someone who can locate the pins in the property and declare the exact property line. This can be a surveyor also. If you have built on their lot or they have built on yours, you can get the county government involved to make someone move it off your property.
Maybe. This is a complicated question. You should get the legal records for the area, and speak with an attorney in the area. This question likely involves questions of adverse possession, that is detail specific.
You have no reason for making a claim on your neighbours property firstly because you have said that his fence is 15 inches into his own yard but if you have had your fence up against his then this would mean that your fence is on his property and he can ask you to move your fence back by 15 inches as the land is his and not yours though again it would depend whos yard the fence posts are in because if your fence posts are also on his 15 inches of land then the fence is lawfully his too and not yours and the same goes for him if his fence posts are on your property then lawfully the fence is yours as the ownership of whos fence all lies down to where the fence posts are and not the actual fencing part of it. Additional information can be found on the discussion page.
You are asking if you have the right to ask your neighbor to move his fence back from the common property line. Fence lines and set backs are governed by local ordinances. In my area a homeowner can build a fence directly on the property line. There is no setback rule.You need to start at your town building department and ask if there is any setback rule in effect in your town. You should find your answer there.
Not necessarily. The boundaries should be described in the deeds to the abutting properties. They may be shown on recorded surveys and on assessor's maps. Fences are not always installed on property lines.
It sounds like you have a strong adverse possession/mutual acquiescence claim to the fence as the property line. You need to contact a real estate attorney immediately to preserve your right to keep the fence line as the property line. Also see the Related Questions below.
The answer to this question may vary depending on local laws and regulations. In some jurisdictions, if a fence has been in place for more than a certain number of years (as specified by local laws), it may be considered a prescriptive or adverse possession claim, meaning the neighbor might not be able to make you move it. It is advisable to consult with a local attorney or land registry office for accurate information regarding your specific situation.
Maybe. If your state has the legal doctrine of adverse possession and/or mutual acquiescence, then the fence may be the legal property line. I suggest you talk with a real estate attorney in your area for information specific to your state's laws and your specific situation.
yes he is legal owner of property