If I build a fence and it slightly infringes on the adjoining land, after 7 years do I automatically acquire the land?

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If I build a fence and it slightly infringes on the adjoining land, after 7 years do I automatically acquire the land?

Asked on March 27, 2012 under Real Estate Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

What you have asked is what the law is on Adverse Possession in the state of Tennessee. In Tennessee, the rules is 7 years under color of title and 20 years without color of title. Color of title means that a claim to title by way of a fact which, on its face appears to support the person's claim to title, really the claim falls short and the title is defective.  So in your case it would be 20 years if you could establish the factors needed for adverse possession: open, notorious and under claim of right.  Good luck. 


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