The Hofbauer sisters challenged their flanking neighbours after discovering both the eastern and western fence lines sat west of recorded legal boundaries. Their eastern neighbour, Jessica Horst, secured legal ownership of the contested strip of land because her fence had continuously stood undisturbed since 2007. To the west, the sisters were ordered to take down an encroachment extending up to 4.06 feet into neighbour Kevin Dement's lot. The appeals court noted the sisters presented no evidence regarding relocation expenses or land values to justify an exception under state property law.
Key points
The appellate ruling leaves the Hofbauer sisters liable for trial legal fees as well as a…: The appellate ruling leaves the Hofbauer sisters liable for trial legal fees as well as additional appellate fees for both neighbours.
Property owners face mandatory fence removal when failing to provide evidentiary proof re…: Property owners face mandatory fence removal when failing to provide evidentiary proof regarding relocation costs and land valuation.
Unchallenged adverse possession claims that meet the ten-year threshold can permanently s…: Unchallenged adverse possession claims that meet the ten-year threshold can permanently strip homeowners of disputed border property.
Sources checked by our analysis pipeline: 1
Two sisters in Washington, US, who went to court over fences separating their home from neighbouring properties have lost their appeal after judges upheld rulings in favour of both neighbours.
Emily and Helene Hofbauer had challenged property boundaries in Kennewick following a survey that showed the fences did not match the official boundary lines. On July 21, the Washington Court of Appeals upheld an order requiring them to remove a fence encroaching on one neighbour's land. It also upheld legal-fee awards to both neighbours and granted them additional legal fees for the appeal.
According to the
ruling, the dispute began after the sisters bought their home in 2019. Their property stood between two other houses, with Kevin Dement living to the west and Jessica Horst to the east. Fences separated the three properties, but questions about their positions eventually led the sisters to commission a survey.
The survey, completed in October 2023, found that both fences stood a few feet west of the legally recorded property boundaries. This meant the western fence extended onto Dement's land, while the eastern fence…
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