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Old 01-11-2007, 12:48 PM
JLM
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Default Land Stealing Issues

My family purchased land and have been living on it and using it for 4 years now. They have a part where they have nothing built on it, which is 1/4 of a mile from our house. We do not have their entire land fenced, but our driveway only. Our neighbor's land is adjacent to ours, but is fenced up and has been for a couple of years. It has been 4 years, and everything is still the same, same area fenced up. Now a couple of weeks and days ago, our neighbor starting to fence up part of our property claiming that it was theirs. That piece of property that they are claiming is used by us for farming and have always been for the past years. They put up a fence and covered 1/3 of that land. Not only are they claiming that small area they've fenced up but another half of our property that is next to that 1/3. The iron rods and colored ribbons that belong to us and were put on by our surveyers have been removed by them so they can put up their fence. When my grandparents tried to farm, they called the police stating that my grandparents were trespassing. I think what our neighbor is doing wrong, but can he really do that? Is he able to just walk onto our land or land that he does not use but we use, land that never was given to us to borrow by him and put up a fence? Can we do anything in the mean time like use that land? I know with a case like this, we each now have to prove which land belongs to us by having it surveyed, but I do not like the fact that they just put up a fence on our land that we've used and known it was ours and claim that it was theirs just now. Also, did they have the right to call the police? Can we go and knock that fence and still be able to use it even if they supposedly claim that it's theirs? Initially, it was ours in the first place, but I guess we cannot determine that until a surveyer has come out to survey both properties. Do we just have to leave it alone and take it to court or find a lawyer to handle it?
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Old 01-12-2007, 07:26 AM
moderator moderator is offline
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I would suggest that you post this under real estate as well. You need to speak with an attorney immediately regarding this situation. You can locate one through the attorney locator on Lawinfo's home page at http://www.lawinfo.com/. He or she can discuss the best route to take.
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