We bought our house in 2013 and are now selling. The buyers bank ordered a survey and we found out that our fence and shed are on the city's property. Likely since before the year 2000 when the previous owners bought it. Our neighbors on all sides also have their fences on city property. We live in a VERY small town and a lot of deals are verbal. The city has never asked us to move the fence and we tried to buy a part of the easement next to our home and were told it would have to be auctioned publicly. Does adverse possession apply in this case? Can the buyers still get financing from the banking knowing that the fence is on the city's property. My husband thinks that as long as the city can access utility lines it's okay, but that doesn't sound right.
I can't answer this question for you, but a good, local property lawyer can. It's tough in the places i have practised (Florida Oklahoma and Texas) to prosecute an adverse possession case against a municipality, county, or other government.
Go see the lawyer and have him involved in the closing.
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