I have lived in my house for 18 years. For most of that time, we have had our backyard fenced in and a shed in the yard. In July of 2004, we...

Question

I have lived in my house for 18 years. For most of that time, we have had our backyard fenced in and a shed in the yard. In July of 2004, we landscaped the back yard. Part of the process included moving our fence and shed to a temporary spot and then putting them back. Now we are trying to sell our house, and my neighbor, who has owned her house for approximately 16 years, is telling us that the shed and fence are encroaching on her property and she wants them moved immediately. I asked her why she waited 7 years to tell us and she said she was okay with our daughter using the land to play (8 feet of property)! I'm wondering if we are obligated to move them? Someone mentioned the possibility of "adverse possession". Thanks in advance.

Answer

If you're asking whether adverse possession COULD apply, the answer is a conditional yes. Adverse possession exists when someone's use of property is out in the open and obvious (which is presumably the case here). The question is whether you have met all the conditions in your jurisdiction for an adverse possession claim to apply.

There aren't enough facts here to figure that out. If you would like to chat about it, feel free to email me today at [email protected]/* */ and we can set up a time to chat if you would like.

Best,

Christopher