The neighbor is now in the nursing home and the son inherited the property. He had it surveyed because he wants to subdivide the house and land. The surveyor told him our fence is on his land by 0.2 something., but the surveyor put metal post in what was our yard that appear to be 10 to 15 inches off the fence. on our side Now the son wants us to sign a paper stating that we are leasing the land because he doesn't want us to have to tear our fence down.. Does this sound right?Should we sign?
you may have a good case for adverse possession of that land. Instead of a lease, ask him if he is willing to gift that land to you and have your lot resurveyed. Contact your local attorney for further advice.
Michael Kuldiner, Esq. (215) 942-2100. This response is for informational purposes only and does not constitute legal advice. The response is intended, but not promised or guaranteed to be current, complete, or up-to-date. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between MIchael Kuldiner, Esquire and any party. The responses provided on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in these responses without first seeking the advice of an attorney.
I agree with the previous answer and the fact you are speaking means he is reasonable. Have an attorney help settle this with out much hassle. You can correct the deeds to reflect the conditions on the ground or vice versa. The problem will have to be solved before he subdivides and it shouldn't cost you land or money.
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Hold ON!!!! If you have a real claim of adverse possession (or in your case a consentable line or boundary by consent) you should never ask your neighbor for a deed or a "gift." This will be used as evidence that you did not hold the land "hostile" to the claims of your neighbor. A PA Superior Court clearly said in a reported decision that asking for a deed defeats adverse possession, and it could also be useful to defeat a consentable line.
The real question is do you need the extra few inches enough to pay for the survey and legal fees you will need to press your claim in court? I know it is difficult to pass anything that is free, but here is a thought: Go to the neighbor's son and tell him that the line is where it is by agreement and the passage of time ( There are actually two types of boundary by consent --- dispute and compromise, which does not need 21 years and recognition and acquiescence which does. For more info on these topics see http://www.avvo.com/legal-guides/ugc/consentable-lines----distinguish-fro-adverse-possession ; http://www.avvo.com/legal-guides/ugc/consentable-lines-----dispute-and-compromise ; and http://www.avvo.com/legal-guides/ugc/consentable-lines--recognition-and-acquiescence . These are outline excerpts from some CLE material I wrote) ) Consider telling the son you would be willing to give up your ownership, if he will pay to move the fence and repair any damage done.
DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise. When answering questions on AVVO, attorneys are prohibited from directly soliciting business. Don't take this as an indication of lack of interest. Follow my answers to other questions on Twitter @LandLawyer James S. Tupitza 212 West Gay Street West Chester, PA 19380 610-696-2600