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Kenneth Wayne Hart
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Kenneth Hart’s Answers

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  • Adverse Possession 7 yr rule.

    I purchase my home 10 years ago. 7 years ago I built a fence around the established yard. The purchaser of the vacant lot behind my home notified me that the northeast corner of my fence is 5 ft over on their property. I am paying taxes on the fe...

    Kenneth’s Answer

    The 7 year statute only applies when you are paying taxes and have "color of title" to the property being claimed, which, for example, could be a deed for the property that is somehow defective.

    You can base a claim for adverse possession on improvements like shrubs, trees etc. that have been in place for more than 10 years. Therefore, even though the fence has only been in place for 7 years, you might still have a claim based upon the existing landscaping.

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