I have inheireted a house from my deceased mother, the fence has been in place for almost 40 years, yet my neighbor is tearing out the fence and claiming he owns a lot of property on my side of the fence. How can I stop him?
First, are you saying that the fence was placed on your neighbor's property, not your mother's property? And you think that you now have established some rights as a result of the placement of that fence? Or that your neighbor is claiming that he has established some rights in your mother's property regardless of the placement of the fence? Your question doesn't have enough facts.
It would be a good idea for you to hire an attorney who can advise you about adverse possession (not "grandfathering") and what evidence needs to be proven in order to make an adverse possession claim. More needs to be shown than the mere fact that a fence was installed and left in place for 40 years.
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