Neighbour relationships can occasionally, for some people, and often for others, be a source of disagreement.
The relations between neighbors can, occasionally for some and often for others, be a source of disagreement.
Thus, a Couple, after buying a residence, sends a letter to their new Neighbors stating that the latter occupy without title a parcel of their land measuring two feet wide by its entire depth. The Couple mentions that this letter is intended to express their ownership rights over the occupied parcel.
Two years pass. In the face of the Neighbors' inaction, the Couple, without prior notice, except for a handwritten note left at the door on the same day, systematically removes the paving stones and the fence encroaching on their land. The Neighbors turn to the Court* and request the recognition of a prescriptive ownership right for the two-foot wide parcel of land. They claim that the current fence, installed nine years earlier, is exactly in line with the wooden fence it replaced. However, the surveyors called as expert witnesses contradict the Neighbors' claims and assert that the new fence was offset by about two feet during its installation.
The court rules in favor of the Couple, since the handwritten note had the effect of interrupting the prescriptive acquisition before the expiration of the 10-year period. The judge adds that "if the [Neighbors'] request for recognition of their ownership right by prescriptive acquisition had been submitted based on the situs of the wooden fence, there is no doubt that the [Neighbors'] request would have been granted."
Every good relationship between neighbors has its limits, especially if their fence encroaches on your land.
*C.A. 500-09-022749-121
