My neighbor wants to get an Easement for a fence she built on our land....?

She built the fence a foot onto our property that we just bought and now complaning bout it wise saying it bothers her that she is on our property. Come to find out that a corner of her garage is also on our land. I did not care till she wanted to procure an easement wich I have never heard of till now. What can she do and how can I resolve this business. This is not the start I wanted as the new neighbor on the block.
WHAT?
try rephrasing that or somthing This might be helpful: (you will need a real estate attorney, a surveyor, and a title company)


Permissive Easements
A permissive easement is simply an allowance to use the landscape of another. It is essentially a license, which is fully revocable at any time by the property owner. In order to be completely certain that a permissive easement will not morph into a prescriptive easement, some landowners erect signs stating the grant of the permissive easement or license. Such signs, normally found on private roadways, typically state: "This is a private roadway. Use of this road is permissive and may be revoked at any time by the owner."

Prescriptive Easements
Most litigated easements are those created without permission. An easement by prescription is one that is gain under principles of adverse possession. Prescriptive easements often arise on rural land when landowners founder to realize part of their land is being used, possibly by an adjoining neighbor. Fences built in incorrect locations often result contained by the creation of prescriptive easements. If a person uses another's land for more than the STATUTE OF LIMITATIONS period prescribed by state directive, that person may be able to derive an easement by prescription. The use of the land must be open out, notorious, hostile, and continuous for a specified number of years as required by law in respectively state.

The time period for obtaining an easement by adverse possession does not begin to run until the one seeking adverse possession in truth trespasses on the land. Thus, a negative easement cannot be acquired by prescription because no TRESPASS take place. The use of the easement must truly be adverse to the rights of the landowner of the property through which the easement is sought and must be without the landowner's permission. If the use is with sanction, it is not adverse. There must be a demonstration of continuous and uninterrupted use throughout the STATUTE of limitations period prescribed by state law. If the use is too infrequent for a reasonable landowner to bother protesting, the continuity requirement will probably not be contented.

Subsequent parties in the same position to the territory using the right of way adversely can add up the time to meet the required statute of limitations. This situation is set as tacking. Thus, a prescriptive easement need not be exclusive; it can be shared among several users.
Did you get a survey of your property until that time you bought? The survey should have pointed this out.

Beyond that, if she has been using your home for years without complaint from the previous owners, she may have a very moral case in court for a prescriptive easement. She's been using the topography and no one has forced her to stop using the land. Kind of close to squatter's rights.

If it goes to court and you win, she would be forced to remove her property from yours, including the corner of her garage, which obviously does not meet setback requirements if your municipality requires these.

Consult a attorney.
You cannot ignore this or she will enjoy a claim for adverse possession in the future. The easiest way to knob this for the moment is to send a written letter giving her permission to walk out her fence and the garage corner on your property (until such time as you withdraw the permission, but you don't want to say that). Here's the thing-she can't have ADVERSE possession if you give her say-so, i.e. it can't be adverse. Since I don't know where you live, I don't know what the adverse possession period is in your state. You should spend the money to converse with a real estate attorney. You do NOT need to make a contribution her an easement. You can just give her permission. She doesn't own to move anything; you don't lose any land; you eliminate a fight beside your neighbor. Still, an hour with an attorney in your state is well worth the money. EDIT: Based on your superfluous comments, do not give her an easement for the fence. If you don't care, administer her permission instead and she can never get adverse possession. The garage is far more difficult. If it's that old, she may also be capable of successfully claim ownership through adverse possession. Did the previous owners of your property ignore it? If so, selling it to her or granting her an easement is a better solution than you would likely get surrounded by a lawsuit. In a lawsuit, she might get fee simple ownership. Again, please consult a local attorney.
talk to the realtor and the recent owners of the house and find out what they did about it and if that doesnt work get hold of a lawyer That could be a win-win if the neighbor is willing to pay for the use of your come to rest.
She cannot get an easement. Watch out that she is not trying to claim the property through "adverse possession" for being allowed to use it for a certain amount of time. Don't permit this happen. When the fence was built, she should own had a survey done. Check with your City Building Department to see if permits are required for fence. Some areas require them and she could be made to remove it. The fact that she waited for new nation to buy the home before applying for anything, is suspicious. She may have had a problem beside the previous owner and you were not made aware of this. Hold your ground. Just say no.

An easement will effectively appropriate part of your topography.

It's not your fault she was careless around the building line, so you have no obligation to agree to the easement.

But she won't similar to you very much for it.
"Sensible" is on the right track. Everyone has different "feelings" almost this type of situation, butthe legal bottom line is that she has to move the wall and the "corner " of her garage unless she BUYS that part of your land. You need a indisputable property attorney right away. Very few "adverse possesion" cases are upheld nowdays because the property owner (that built the fence) is on legal notice to consult the survey and stay within their boundaries. If anyone popular is more important than your property devaluation, which this "dispute" will do unless it is remedied; who will want to buy your home when it is "occupied " by the neigbors? You pay due on that land, you purchased that land. I have see cases where entire homes had to be jacked up and moved a foot. Should the neighbor decide to purchase that property, the cost of a clean plat or survey will be also borne by the purchaser (which will not be cheap). Get a lawyer and let the lawyer concordat with your neighbors, remember , this is ALL THEIR FAULT. If you don't wish to devalue your property by selling off the ground, then they will have to move the fence and the garage. "easements"be never meant for structures nor fences. Fences were historically used to demarcate boundaries. Egress and the public good were the constructs of easements. Your neighbors just want to use your property for free. Don't permit her.

And I certainly would not advise you to give her unscrew ended "permission" to leave a permanent structure on your property. That will come put money on and bite you in court.