Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘I live in Arkansas and purchased a house last May. My adjoining neighbor purchased his house last month. He decided he wanted to put a fence around his property but we didn’t agree on the property lines. I hired a surveyor and the survey show’s that the line is about 20 feet closer to his house then either of us expected. It’s also showing that the line in front of the my house starts about 10 feet away from the road because of a 50 foot road easement. He’s telling me that since the seller he bought his house from maintained the property (actually she and the sellers of my house shared responsibility) for the past 30 years, he has adverse possession of the property. Can he claim this since he just recently bought the house or will the survey be the deciding factor?’There are two questions here. First, do adverse rights such as you are describing pass on from one owner to another? I am not familiar with Arkansas law on this point, but the answer is definitely yes in
other states, so it could be the case in Arkansas as well.
Question: Second, can a person gain ownership (or the equivalent) of part of a neighbor’s property by maintaining it or fencing it in for the requisite time period? Again, Arkansas law may be different, but in other states the answer is no-in large part because the adverse possession laws of most states require that you pay the property taxes on the land you are claiming.
Answer:
A definitive answer to both of these questions can be obtained during the initial consultation with a local real estate attorney.
