Property line on19.5 acres

[dodge man]

If the fence has been there for 15 years, its the boundary? Best answer I can give to that is maybe? Adverse possesion kicks in after so many years, depending on the state. The problem is its very hard to prove. As a surveyor, I worry about small fractions of a foot, but in the real world, thats not the case. How close does a fence have to be to the boundary line for it to be the boundary line? A inch, a foot, two feet? There is no correct answer. If it swings 100 feet away from the boundary line due to poor fence building, you can't call it the boundary, but if its within a inch, I'd think you could call it the boundary. I would just say in a rural area, over ground that might not be flat and open, any fence within a few feet of the line would be the boundary line in my view. The courts tend to call ancient fences the boundary lines in many cases.

 

[greasemonkeyok]

... I have heard thou if its been there over 15yrs the old fence is the boundary,this true dodge man?

No responsible surveyor or attorney is going to answer that definitively because the question assumes only one fact, the location of the fence. Too many other variables to get an answer, even from a lawyer.

 

[Gale Hawkins]

Why you doze out a line fence that was in question?

 

[foreman Etexas]

Why you doze out a line fence that was in question?[/QUO.
To answer your question so could build a new fence,so didn't have problems keeping cows in,I mean I could have patched the old one.

 

[Ken45101]

I have heard thou if its been there over 15yrs the old fence is the boundary,this true dodge man?

That tremendously varies depending on individual state law.

 

[foreman Etexas]

That tremendously varies depending on individual state law.

Yeah I'm going to move it over anyways,will be right from now on,so kids have peace mind...

 

[Gale Hawkins]

There is only one way to handle this kind of matter I learned after dad almost lost his life.

He and the neighbor correctly got a surveyor involved after the neighbor dozed out a line fence because he trusted the neighbor. They set the fence based on the surveyors pins and all was well until the neighbor sold and told the other guy that the fence was over on his side too far. Dad's mistake was not getting the initial surveyor's work recorded at the courthouse and a quit claim deed signed by him and the neighbor.

Line fences are often ABSTRACT and not something that can be determine by a surveyor hence the need for a Quit Claim deed that is is nothing more than a legal handshake.

I have determined if I ever doze out a property line without a written and signed legal solution that I will be the fool in the matter.

 

[foreman Etexas]

That would be me the fool for just going off the fence. But now you get into well we move the one right,now do I do the other stretch and move that fence right? I mean his barn is there and its over on me several feet,if we are making things right now,why do one and not the other,its not in the best shape either.

 

[Gale Hawkins]

In my younger years I was more left brained.

Property lines I later learned are living organisms that can move over time base on usage. An old known is better than a new unknown when it comes to property lines. The law supports property lines by usage as strong if not stronger that property lines on paper.

 

[bobm6996]

Purchased 15 acres last fall and we found out when it was surveyed that our property and another adjoining property have overlapping deeds. There is a tree line with a fence embedded in it that most everyone agrees is the property line, but based on the deed for the property we bought our property actually extends 53 feet to the south of the tree line. The surveyor noted the entire property line on all sides about every 200 ft. where we stood. The fence line on the south side is pretty close (within inches) of the fence until you get to the dog leg that is the 53 feet of overlap. He told us that we should talk with the adjoining property owner and give him a copy of what the survey, which I have done. We agreed for now that the tree line is the property line and we are not asking for the 53 feet. The surveyor advised that if it went to court the adjoining property owner would probably be able to keep the 53 feet because of the historical records being so difficult to make a decision. He is an older gentlemen so this still may end up in court some day, i hope not. We are fine with the agreement that the tree line is the dividing line. If we ever sell the new owner may want to pursue.