You are likely correct. I told him to check.


wrote in message
...
On Thu, 25 Dec 2003 03:09:58 GMT, "Art Begun"
wrote:

In most states there is something called Adverse Possession. If
someone encroaches your property openly and maintains it, in a
certain
number of years he owns it. If you give him permission then he can
never own it because his action is not adverse to his rights. I
don't
known how long adverse possession takes in your state but the clock
may be ticking. It usually is a long time like 10 to 25 years. In
any case you risk losing a few feet of property if he is on your
line
without permission. Normally he has to have a set back. Whether
not
having a set pack is the same as being on your property and
maintaining it for the purposes of adverse possession, I do not
know
and you should find out.



Further on this subject - in order to claim adverse possession the
person looking to obtain the property has to actively possess and
use
the property. Here the placement of a fence in and of itself is not
sufficient to allow a claim of adverse possession and in fact fences
here are considered to be "portable" and may encroach on adjoining
property or be erected in areas where permanent construction is not
permitted, i.e. buffers and easements.