What can we do to get our land back?

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.

Here is the core issue: your deed only reflects one lot, which means legally that is all that transferred to you at closing regardless of what the fence line looks like or what the previous owners intended. That said, you are not necessarily without options. The fact that you have documentation showing the previous owner held both lots is useful. Get a real estate attorney to review that alongside your deed, the title history, and any survey records from the time of your purchase. If no survey was done at closing, get one ordered now. It will document the fence line and the physical condition of the property going back decades, which matters. You also have a potential adverse possession argument of your own. You have openly used, maintained, and occupied that second lot as part of your property since 2001. Depending on your state, that kind of continuous, uninterrupted use for 20 plus years can form the basis of a legal claim. An attorney can tell you whether the timeline and circumstances meet the threshold in your state. The city moving forward on this without you having legal representation would be a serious mistake. Get an attorney involved before anything progresses further.

You might have a situation of Adverse Possession if this has existed as one lot rather than two, but the difficulties here are as follows it seems. Your deed only shows one lot, not two? If that's correct then my question would be, who has the deed showing ownership to another? If I were you I would find an attorney who not only deals in Real Estate but also land disputes. I would also call the city and see who you need to speak to about this situation, taking names, dates, times you called, and all the information you can gather and take it to an attorney who will potentially either explain the legal situation to you and/or represent you if there is wrong doing. Good Luck to you. Linda Ritlinger, Realtor /Broker Multi-Million Dollar Seller in the Triad/Piedmont area NC.