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I recently took down my old fence to put up a new one. The neighbor is saying that I am on their property line. The fence has been in existence since 1973 at least. Is there any way I can keep this 8 feet?
Asked on May 24, 2009 under Real Estate Law, Idaho
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I think you need to talk to a real estate lawyer about this. It is possible that you can indeed keep the land that you have had fenced in for 35 years, but there are some more details that will need to be looked at. One place to look for an attorney in your area is our website, http://attorneypages.com
Idaho recognizes the legal doctrine of adverse possession, and as far as the time alone goes, you would seem to meet the 20-year requirement that looks like the law there (and I'm not an Idaho lawyer). The statute also requires payment of taxes on the land, during that time.
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