property lines & fences

If we bought our home 10yrs. ago with a fenced yard & the neighbor behind came to us today and said our fence is on there property could he remove it without our permission or would we have to take it down?

Asked on June 11, 2009 under Real Estate Law, Oregon


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT.  I would need to know when the fence was put up.  There is a law that most states follow that says that if have the fence on the property open and notorious, continuous and uninterrupted for 15 years or more without the other landowner saying anythng, then you acquire that property as your owen via adverse possession.  You are allowed to tack on the years that the prior owner had the fence on.  if you can show these elements then you can tell the neighbor to pound sand.

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