Can we put up a fence in a boundary line dispute?

Asked almost 2 years ago - Somers, CT

in the mid 70's a subdivision surveyed 32 feet onto our property and we didn't know about this until recently. we're in a dispute and want to know if we can put up a fence. our surveyor agrees with our boundary line as we have found an error in the subdivision survey.

Additional information

there is no adverse possession for the subdivision.

Attorney answers (4)

  1. Alan James Brinkmeier

    Contributor Level 20


    Lawyers agree

    Answered . Present your survey to obtain a permit for the fence. Once approved for permit, build away.

  2. Jed R Prest

    Contributor Level 12


    Lawyers agree

    Answered . You should speak with a local land use attorney. There are a number of issues that could be arising such as adverse possession.

  3. William J Lasko

    Contributor Level 13

    Answered . In that there may be issues as to adverse possession and other issues, it is in you best interest to consult with an attorney prior to taking such action.

    Best of Luck!

    William J. Lasko is an experienced New York, Connecticut and Washington, D. C., licensed attorney who focuses his... more
  4. Philip M. Block

    Contributor Level 15

    Answered . Sorry to tell you that Ct's adverse possession statute would certainly apply. What you have not made clear is who has been using that 32 ft into what you believe to be your property? If you have been mowing, gardening etc. for these past 40 plus years, then the statute applies to your benefit, despite whose survey erred. But if the subdivision and or the new property owners have been using that land, then so much time has passed without you objecting that they could claim under the statute. You need a lawyer, before you waste money on a fence.

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