What can I do?

This is one of those situations where what someone thought they owned and what is actually recorded can end up being two very different things, and unfortunately the paperwork is what controls. It sounds like the previous owner had two separate lots, fenced them together, and used them as one yard, but only one of those parcels may have been legally conveyed in the 2001 sale. If the deed only includes one lot in the legal description, that is typically the only land that transferred, even if it has always looked and felt like part of the property. The city claiming adverse possession is a bit unusual, since that is more commonly used by private parties, but there could be other factors involved like unpaid taxes, abandonment, or the second lot never actually being transferred. One important question is whether a survey was done at the time of purchase, because that would have clearly shown the property boundaries and whether that extra lot was included. At this point, the best move is to have a real estate attorney or the title company review the deed, title policy, property appraiser records, and any prior tax history on that second lot to see how it was handled over the years. If there is title insurance, this is exactly the kind of issue it is there for. At the end of the day, it can be legal for the city to claim that land if it was never actually conveyed, but having a professional review everything is the only way to know for sure where things stand and whether there is any path to challenge it.

Based on your description, you may have a strong case for acquiring the second lot through adverse possession or a related legal concept, as you (and the previous owner) have treated the two lots as one unified, fenced property for over 20 years (2001- 2026). If I were you, I would get a consultation with a Real Estate/Land dispute attorney, and you can call the Bar Association for a referral if you or your friends don't automatically know of someone. You might call a regular Real Estate Attorney to start off with and see if they have any recommendations also. At the same time, I would also call the city and inquire as to how and why this occured at this point in time, who made those decisions, and take names, dates and times of any information you gather, an attorney may want all of that information. Good luck to you in this dilemma. Linda Ritlinger, Realtor/Broker Multi- Million Dollar Listing Agent. 336-312-3646 Triad/Piedmont Area NC.

The most important thing to know here is that adverse possession cuts both ways. While the city is trying to use it against you, you may actually have your own claim to that second lot — if you've openly used, maintained, and treated it as part of your property continuously since 2001, that's over 20 years of documented occupation. That's worth exploring seriously with a real estate attorney before anything moves forward. Start by pulling your original deed to confirm exactly what parcels were conveyed at closing. Then get a survey done if one wasn't performed at purchase — this documents the fence line, the lot boundaries, and the physical history of the property, which becomes critical evidence in any dispute. Also request a title search on the second lot specifically. You want to see the full chain of ownership and understand exactly how the city is asserting its claim. An attorney can then tell you whether there's a legitimate path to challenge it or negotiate. Don't let the city move forward on that lot without legal representation in your corner first.

Unfortunately, being fenced with your home doesn't mean you legally own it, at least here in California. Your paperwork should show 2 Assessor Parcel numbers if both properties were sold to you. Sounds like maybe only the lot with your home was actually transferred to you. Are you receiving and paying 2 tax bills every year? If not, that other lot may not be yours. I'm sorry this is happening to you. If your property is in California, I'd be happy to review the paperwork for you.