Adverse possession between new owners

Question

I purchased my property in 2016. My current neighbor purchased his in 2019. The current fence between our properties had been installed some time ago, presumably by the respective previous owners. I want to install a new fence along the correct property line, which would allow me to slightly expand my lot. I had a survey done confirming the location of the property line. Current owner is opposed to moving the fence, since it would disadvantage him. Adverse possession in my area is 15 years. Can the current owner make a successful claim of adverse possession on the fact that the fence likely existing like this for more than 15 years between the previous owners?

Answer 1

united-states

Can the current owner make a successful claim of adverse possession on the fact that the fence likely existing like this for more than 15 years between the previous owners?

Yes. This is called "tacking". Everyone in the current owners' chain of title is considered for purposes of an adverse possession period.

If a preponderance of the evidence (or other burden of proof established under state law which varies from state to state) establishes that the fence is more than fifteen years old when the adverse possession/quiet title lawsuit is commenced, the adverse possession claim will probably prevail.