Reality check--neighbor's fence on in-law's property

[ustmd]

Okay,

So my in-laws have the 10 acres next door. Next to them is nice old women (85) who has lived in her house since 2001. She had her house built when she bought the 10 acres from the couple that parceled off all 3 of our lots from their 200 aces.

Last spring, my in laws bought a 10.1 acre plot that "horseshoes" around the older women's property. During the survey, we discovered that the fence line for her horse pasture is off by ~15-20 ft and is on the in-law's new parcel.

Normally, my in-laws would just notify her to prevent any issues with adverse possession and move on but the older women has her property up for sale and my in laws do not want issues with the new owners.

My in laws are not requiring the older women move her fence immediately.

However, this week, they had a new survey done for the property line (which verified that her fence line is not on her property). They want to put in wood posts along the property line. The wood post would mark the corners and also mirror where the wood posts are in the older women's existing fence, but set in the 15 or 20 feet to show where the correct fence line should be. My in laws are thinking that the older women could then have the fence moved at her convince and in the mean time it would be a visual marker of where the property line is for any potential buyers.


They are willing to pay for all of this. The only thing they would ask the older women to pay for is the cost of moving her fence at some point in the future.

This seems to be very reasonable to us, but I was looking for some feedback.

Just a quick point, my property, my in-laws's property and the older women's property are in a legal sub-division, so when/if she sells her property, it will not need to be surveyed. Also, because we are in a legal sub-division, just selling her the strip is not easy since she would need to get it ad mended to her parcel-it also might drop the 10 acre plot my in-laws purchased below 10 aces, which would cause problems with the county.

 

[blueriver]

Go by the survey and get the fence put up asap ... don't worry about her paying for it. Just get it done at your cost and end it.

That way ... if someone buys it they know where the line is "The Fence" per the survey.

 

[grsthegreat]

Make a deal with her to split the cost of moving the fence. Tou have the material there.... only need labor costs.

I usually always try to share the cost of a fence and put it on the property line.

 

[Fixemall]

Biggest potential problems are; 1) by allowing the fence to stay they are essentially conveying the property to the woman and after time she may have a legal claim to it. 2) Liability...if someone gets injured on the property, a crafty lawyer will have a field day with them.
If it were me I would contact my insurance company, fully knowing they would have a problem with the fence placement...that way I could approach the neighbor and say I had no choice but to move the fence to a proper location, avoiding any potential bad feelings and future problems.

 

[boggen]

fence laws differ from state to state.

here in IL, you have to send certified letters, and have x days to do this and that, and if nothing happens x days to do this and that, etc.... long drawn out process.

owners of said fence lines. if standing on your property, and looking at fence, you are responsible for the right hand side of fence. or less some other prior written agreement was made.

===================
again this is IL, Texas, may have completely different fence law, and most likely does.

i would say 50/50 the thing, from labor to materials or what not. and have it in writing and signed by both parties.

you can put up your half. but to put up any portion of her half. and not go by laws / regulations may mean your family out of money. and that she has say up to 90 days perhaps a year to deal with fence. if at all. it may come down, to you may not even need a fence. pending on livestock you have and were you are located.

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you say cost of moving her fair share portion of fence, but again it depends on your state laws.

contact local agriculture department of your state. would be my best advice, in finding out the laws. or see if you can google it.

 

[Western]

Go by the survey and get the fence put up asap ... don't worry about her paying for it. Just get it done at your cost and end it.

That way ... if someone buys it they know where the line is "The Fence" per the survey.

Make a deal with her to split the cost of moving the fence. Tou have the material there.... only need labor costs.

I usually always try to share the cost of a fence and put it on the property line.

I would do either , or a combination of the 2, either way I'd move before she or the situation becomes more difficult.

 

[blueriver]

Bla Bla Bla Bla ... go by the survey ... a legal document and build a new fence before the property is transfered.

She is not going to split the cost ... you wait and you loose. Again asap ... like do this tomorrow.

 

[creekbend]

If I were faced with a similar situation and the survey indicated 100% that the lady's fence was on the wrong side of the property line, I would immediately research the laws in my State regarding property disputes. In some states the property that the fence in on, after a period of seven years, reverts to the owner that erected the incorrectly placed fence. In some states the laws that govern property boundaries and lines propose setting the fence back a couple of feet. It varies from state to state, but many laws on the books are subject to Common Law statues or decisions that are regulated by the Courts. This is why I proposed that you research the existing laws in your State immediately or as soon as possible. But please take the appropriate measures immediately. It wouldn't hurt matters to enlist the advice of a real estate Attorney. Most offer free consultations. I would also suggest that you check with other people that have previously enlisted the attorney's help, before I even made the appointment. That way you are covering your back, but without sounding too judgmental, some attorneys have been known to possess unscrupulous qualities. Best of Luck and I sincerely wish the best for ALL parties concerned.

 

[greasemonkeyok]

What kind of a fence are you talking about? A livestock fence, privacy (stockade), decorative, or other? If livestock, does Texas have a legal definition of a livestock fence?

 

[RandyT]

fence laws differ from state to state.

here in IL, you have to send certified letters, and have x days to do this and that, and if nothing happens x days to do this and that, etc.... long drawn out process.

owners of said fence lines. if standing on your property, and looking at fence, you are responsible for the right hand side of fence. or less some other prior written agreement was made.

===================
again this is IL, Texas, may have completely different fence law, and most likely does.

i would say 50/50 the thing, from labor to materials or what not. and have it in writing and signed by both parties.

you can put up your half. but to put up any portion of her half. and not go by laws / regulations may mean your family out of money. and that she has say up to 90 days perhaps a year to deal with fence. if at all. it may come down, to you may not even need a fence. pending on livestock you have and were you are located.

==============
you say cost of moving her fair share portion of fence, but again it depends on your state laws.

contact local agriculture department of your state. would be my best advice, in finding out the laws. or see if you can google it.

Here in IL my aunt had a neighbor move his cattle fence three feet over on her property and cleared the fence row of trees. After three surveys and a lawsuit the judge threw out the surveys and the neighbor got to keep the property. the legal proceeding started immediately after the fence was moved.