Opti-Mist
Platinum Member
I think it varies by state. Here in IL if you occupy and maintain the property for a certain number of years you can claim it. A friend in Washington state lost some of his ground that way. He spent more on legal fees than the land was worth fighting it, and ended up losing. I looked into claiming some land behind a rental property I used to own. It was a no mans land between my property and state owned property. I decided not to pursue it because it would have increased my property taxes. There would be some red tape involved but I suspect your neighbor could claim that piece of your land. You should talk to a real estate lawyer before you move the fence or talk to the neighbor.
I'm in the same situation with some property I own. The back fence is off by 20-some feet. I doubt if my neighbor will try to claim it though.
The legal term is "adverse possession".