Melanie’s next-door neighbors just sold their home, and she learned that the new owners were property flippers when they immediately started making changes to the house.
At first, Melanie was glad to see that the property was being upgraded, until the flippers started building a fence on her land. Previously, there was no backyard fence between Melanie’s property and her neighbor’s, but it was never an issue because they amicably shared the space.
Trending Now
- Thanks to Jeff Bezos, you can now become a landlord for as little as $100 — and no, you don’t have to deal with tenants or fix freezers. Here’s how
- I’m 49 years old and have nothing saved for retirement — what should I do? Don’t panic. Here are 6 of the easiest ways you can catch up (and fast)
- Dave Ramsey warns nearly 50% of Americans are making 1 big Social Security mistake — here’s what it is and 3 simple steps to fix it ASAP
When the new neighbors started digging holes for the fence, Melanie became concerned as it appeared the fence was on her side of the property line.
Melanie got a property survey done while the fence was still being constructed, and it showed that the fence was indeed on her side of the property. The survey also showed that a patio built by her previous neighbors was also partially on her side of the property line, but Melanie was aware of that.
Frustrated with Melanie’s concerns, the new neighbors told her that the patio’s location counted as “adverse possession” and continued building the fence, which now encompasses a strip of her backyard that aligns with where the concrete patio stones jut out into her property.
Now, Melanie isn’t sure what to do next. While she’s worried that escalation will lead to a costly legal battle, she’s also been planning to sell her home in the next five to 10 years and doesn’t want to lose part of her property to her aggressive new neighbors.
What is adverse possession?
Adverse possession is a legal doctrine concerned with instances when someone who is not the owner of a property occupies the property as the owner would. Also known as squatters rights, this form of trespassing can lead to the trespasser claiming ownership of the land over time.
Adverse possession laws exist across the country, although specific legal requirements — including the length of time required to pass before the occupier is able to claim possession — can vary by state.
To qualify as adverse possession, the trespasser of the property must be able to prove the following [1]:
- Hostile occupation: This doesn’t necessarily mean that there was ill intent on the part of the trespasser. It simply means that the person claiming possession of the land must show the court that their possession is an infringement on the real owner’s property rights
- Actual possession: Actual possession means being physically present and occupying the property. That includes living on the property or using it as the owner would
- Open possession: This means that the trespasser is not being sneaky about occupying the land in question. The trespasser’s behaviour is key here, as they must openly occupy somebody else’s property without trying to hide it. Occupying the property needs to be out in the open for anyone who may be paying attention to see
- Notorious possession: The trespasser’s occupation of the property must be so open that the surrounding community would believe that the trespasser actually owns the property
- Exclusive use: This means that the trespasser must possess the occupied property exclusively or share it with other trespassers. The trespasser(s) must behave as if they own the property and the real owner must be excluded from using the property in any way
- Continuous use: This means the trespasser’s use of the property must be continuous and uninterrupted. However, this doesn’t mean the trespasser must occupy the land at all times; they can leave temporarily to go grocery shopping and run errands, but abandoning the property for, say, two years before returning to claim adverse possession would not satisfy this requirement.
Read more: Here are 5 ‘must have’ items that Americans (almost) always overpay for — and very quickly regret. How many are hurting you?
Can the house-flippers claim adverse possession?
Melanie’s new neighbors said they would claim adverse possession based on their patio being partially on Melanie’s property, but the neighbors likely won’t be able to satisfy one of the key requirements mentioned above: hostile occupation.
When the previous neighbors initially built the patio, they not only asked for Melanie’s permission, they also acknowledged that the patio was partly on her property. And since she has a good relationship with her former neighbors, Melanie can potentially get a written statement from them attesting to these facts.
This may make hostile occupation difficult to prove, and without satisfying that requirement, Melanie’s neighbors aren’t likely to successfully claim adverse possession.
The new neighbors could choose to file a “quiet title” action in court. A quiet title is a legal proceeding that determines ownership of property, serving as a lawsuit against anyone else who believes they have a claim to the property [2]. But since Melanie’s new neighbors are flipping the house, this is likely an expense that they don’t want to pay for.
How to deal with bad neighbors
Since the fence is indeed being built on her property, Melanie has the right to remove the fence and order her new neighbors to remove the section of the patio that is encroaching on her property [3].
She could provide her neighbors with a written notice stating that if they do not remove the fence and patio stones by a certain date, she will have them removed. By giving written notice with a deadline, Melanie will have proof that she tried to reach a solution. She’d also be wise to document all interactions with the neighbors and keep copies of any written communication.
Melanie should also reach out to her local zoning or planning department to see if they can offer guidance. However, these types of property disputes often have to be solved in court or through mediation, which means Melanie might have to seek legal help if the dispute can’t be solved out of court.
Property flippers are mainly motivated by short-term financial gain, so it’s likely that the threat of a legal battle will dissuade Melanie’s new neighbors from escalating the issue. Melanie could remind her new neighbors that removing the fence will be considerably cheaper than going to court, and that it may be much more difficult for them to sell the house if it’s embroiled in a property dispute.
Melanie could even offer, in a show of good faith, to pay for a portion of the cost of the new fence — if it is built on the true property line. This would be beneficial for Melanie, as well, when it comes time for her to sell her home.
What to read next
- Robert Kiyosaki warns of a ‘Greater Depression’ coming to the US — with millions of Americans going poor. But he says these 2 ‘easy-money’ assets will bring in ‘great wealth’. How to get in now
- The ultrarich monopoly on prime US real estate is over — use these 5 golden keys to unlock passive rental income now (with as little as $10)
- This tiny hot Costco item has skyrocketed 74% in price in under 2 years — but now the retail giant is restricting purchase. Here’s how to buy the coveted asset in bulk
- Want an extra $1,300,000 when you retire? Dave Ramsey says this 7-step plan ‘works every single time’ to kill debt, get rich in America — and that ‘anyone’ can do it
Stay in the know. Join 200,000+ readers and get the best of Moneywise sent straight to your inbox every week for free. Subscribe now.
Article sources
At Moneywise, we consider it our responsibility to produce accurate and trustworthy content people can rely on to inform their financial decisions. We rely on vetted sources such as government data, financial records and expert interviews and highlight credible third-party reporting when appropriate.
We are committed to transparency and accountability, correcting errors openly and adhering to the best practices of the journalism industry. For more details, see our editorial ethics and guidelines.
[1]. Rocket Mortgage. “What is adverse possession in real estate?”
[2]. Cornell Law School. “Quiet title action”
[3]. DLegal Law Office. “Can I Remove Neighbour’s Fence on My Property?”
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
Related Posts
