Replacing super old fence - Legal question

[J Wales]

Here's a good article about adverse possession. It may go into way more detail than you want, but take a look at the last page and the mention of "Casual Enclosures". Fence lines can, but don't always, determine the outcome of adverse possession disputes.

https://assets.recenter.tamu.edu/documents/articles/1776.pdf

If you can find a way to work it out with the neighbor, that is probably for the best.

[1riot1ranger]

I am in a very similar situation. I have an old fence that is not exactly on property line. Someone just purchased the property next door and started clearing the fence line. Pretty sure they cleared over the property line on my side. We’ve talked and they seem to understand my concern but I’m thinking I need to pay to have property line marked now just to avoid future issues.


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Ha. Had a similar situation. Old ranch land subdivided and had cross fencing on some of it. For some reason, the adjacent land owner thought the old cross fencing was the property line. Never could figure out why as everyone had a survey, etc. Anyway, I fenced in my property and discovered a new water well 17 ft inside the property line. Had the surveyor return to confirm the boundaries. Unfortunately, the state would not approve a well that close to property lines and said he had plenty of acreage to relocate it. Neighbor is supposed to plug it-- we will see.....

[powderburner]

I thought with adverse possession that you had to also pay the taxes on that additional area for the time without any disputes.
He claims the land but you are paying the taxes on it.

[Dusty Britches]

If it is surveyed, your best bet for a new fence is on or inside the property line.

[gigem95]

I thought with adverse possession that you had to also pay the taxes on that additional area for the time without any disputes.
He claims the land but you are paying the taxes on it.

Excellent point


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[RiverRat1]

Update

Title insurance is a scam just as I always said. They claim they do not cover any boundary issues or disputes even if the survey is wrong or inaccurate.

So it will cost me money but after all these years of siding with the "Why do I have to buy title insurance" people at least I was proven to be correct.

[Dirtymike]

Nice one! I'm retired so I don't count. Plus I was never competent or an RPLS



The survey is easy. Plat says it's a straight line from iron rod to iron rod.



We are splitting the cost of the new fence. I would lose land if replacing where the old fence currently is. He feels he would lose land if I move it according to the plat. He feels he has owned it all the way to the old fence for the last 100 years.

There's no heat between us...yet. It doesn't equate to a lot of land 1-2 acres maybe but that's enough to put the brakes on. And I want the new fence straight so it looks good. The old fence going from tree to tree has a thousand bends LOL Sure they would straighten some but still would look like crap.

And this will be the first time in 20+ years this land can be accessed.. That's after the fence goes up and a semi-road is build along the fence.

If that is the case, i would build it on the property line. Just because it has been janky for 100 years does not mean is should stay that way. Unless he wants to buy that land from you.

[Burnadell]

Update

Title insurance is a scam just as I always said. They claim they do not cover any boundary issues or disputes even if the survey is wrong or inaccurate.

So it will cost me money but after all these years of siding with the "Why do I have to buy title insurance" people at least I was proven to be correct.

That's interesting, Tim, because I have two neighbors who got into a lawsuit over their property line a few years ago, and the "good" neighbor's title insurance (bought his place 10-15 years ago) defended the title to the land, as surveyed, that they insured. It sure saved him!

Does the title policy contract specifically state that they exclude boundary issues? That is crazy unless it is because a new survey was not done when purchased. A title policy insures a clear title to the purchased land within the boundaries described by the legal description, depicted by the survey which should show any protrusions, etc. I never understood if you got a new survey when you bought the place of if you used an old survey provided by the seller.?

[Burnadell]

In retrospect, after doing more research, it seems that it is not necessarily cut and dried. Here is some info supporting my contention:

https://www.nolo.com/legal-encyclopedia/should-title-insurance-claim-over-boundary-dispute-how.html

However, I came across some conflicting info also. It will probably boil down to the wording in your title policy and whether or not they list it as an exclusion.

[RiverRat1]

That's interesting, Tim, because I have two neighbors who got into a lawsuit over their property line a few years ago, and the "good" neighbor's title insurance (bought his place 10-15 years ago) defended the title to the land, as surveyed, that they insured. It sure saved him!

Does the title policy contract specifically state that they exclude boundary issues? That is crazy unless it is because a new survey was not done when purchased. A title policy insures a clear title to the purchased land within the boundaries described by the legal description, depicted by the survey which should show any protrusions, etc. I never understood if you got a new survey when you bought the place of if you used an old survey provided by the seller.?

In retrospect, after doing more research, it seems that it is not necessarily cut and dried. Here is some info supporting my contention:

https://www.nolo.com/legal-encyclopedia/should-title-insurance-claim-over-boundary-dispute-how.html

However, I came across some conflicting info also. It will probably boil down to the wording in your title policy and whether or not they list it as an exclusion.

I'm too ****** and tired to type much. Bottom line is title insurance would rather wait for me and the neighbor to lawyer up before paying up. They are a bunch of con men if you ask me...just as I always thought.

Technically though per contract and laws I'm wrong. The survey was wrong which put me in a bind I couldn't get out of easily so I stupidly believed the BS I was told from Title. I didn't really fully believe but they gave me enough hope to hang myself. Looking back I should have been an *****hole and ticked off the cattle man, neighbor and fence builder.

[Burnadell]

Was it a new survey at the time of purchase?

[Burnadell]

Was it a new survey at the time of purchase?

Nevermind. I went back and found the answer in post #25. If you still have a transit (or surely you have access to a transit) just go out and mark the line between your corner posts, then put said fence up along the property lines. Easy peasy.

[Chad C]

Is this property line an original patent survey line? As explained, by following the meanders of the property and or using trees, this is a convenience fence. The fence is apparently older than your survey, so I would be sure to have the line proven by an RPLS and staked on the ground for both parties to see.

[CabezaBlanca]

Any new updates on this?

[Snakelover]

It doesn't equate to a lot of land 1-2 acres maybe but that's enough to put the brakes on.

1,650'

Wow! That's a lot of land to me. So it's not off by just a little bit, it's off by at least 26 feet? (I'm getting that by dividing 43,560 square feet in 1 acre by the 1,650 linear feet of fenceline.)