property problems
My husband and I recently had our property surveyed, only to find that our neighbors single wide and most of their front yard is actually on our property, along with their access. They do not live there, as it is a vacation spot only. My husband and I would like to gain our land back. What is the best way to gain back our land, and what are our rights.
Answer
Re: property problems
That is an interesting question, and the property and the access (easement) are two separate issues. It is going to turn on how long the neighbor's singlewide has been located where it is, because there is a statute of limitations on actions over boundaries (here, adverse possession). That statute turns on who has been paying the taxes - it takes three more years to quiet title to land if somebody has not been paying taxes on it.
If they have been "accessing" their mobile on your property, not trying to reach their own property, then their easement by prescription argument will fail and their access not be allowed, so long as the statutory period has not passed.
I'd need to know more about the exact circumstances to tell you how to proceed, but I can say from what you related that the sooner you get to an attorney who practices real property law, the better.
Hope this helps. Elizabeth Powell
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