Need to chat with an attorney re: real estate, adverse possession

[bryjcom]

Already in process. It appears the builders put fences that made incursions on both sides of the lines, at different points. Neighbor wants to build a new fence that would remove access to our back yard, based on a survey they had done, but is unwilling to give up the portion of our land that ended up on their side of the fence. The existing fence has been in place since 1986, we've been in the property since 1997, the neighbors moved in in 2019, hence some questions about easements, adverse possession, etc.

I think you'll be able to force them to vacate the property on 2 points.

1. They moved in in 2019 thus their "continuous possession" has only be for a period of 4 years.

2. They only found out about it recently, along with you, thus the "Open and Notorious" claim has now just been started and thus isn't even close to 18 years.

If attempting to settle this as civilized neighbors fails, then I think having an attorney draft a certified letter to them giving them a set amount of time to vacate the property is in order.

Edit to add:

If anything you have more of a legitimate adverse property claim, because you have been in possession of their land for over 18 years. It would still be tough but its more in your favor than their favor.