Fencing my property

[Oaktree]

I recall a discussion about "Adverse Possession", probably in the 80s(?) and the conclusion was that it was an old and outmoded concept and no longer applicable. That being said a true legal opinion is needed. As with most things YRMV.

But not impossible. I was able to gain some property at my previous house this way. It came down to the town's tax maps showing my property as quite a bit larger than my deed implied. The court ruled that since the tax map was a legal document, and in the 30 years I owned that property no one had challenged it so they ruled in my favor.
Wasn't trying to cheat anyone, but the discrepancy came up when I was selling the place, and the sale was conditional on its resolution.
I had used the disputed land the entire time I'd lived there since the deed was vague and the tax maps showed it being mine.

 

[bcp]

i wonder if a letter to each neighbor, giving them permission to "trespass" on any of your property that may be on their side of the fence, would prevent any claim of adverse possession?

I've heard similar about access roads to landlocked property. The road's owner would block the road one day a year.

Bruce

 

[Oaktree]

I've heard similar about access roads to landlocked property. The road's owner would block the road one day a year.

If I owned a piece of landlocked property I'd make absolutely sure I had deeded access.

 

[hosspuller]

Correct. In NY, it's VERY difficult.

"
A trespasser's possession must be:

1. hostile (against the right of the true owner and without permission)
2. actual (exercising control over the property)
3. exclusive (in the possession of the trespasser alone)
4. open and notorious (using the property as the real owner would, without hiding his or her occupancy), and
5. continuous for the statutory period (ten years under N.Y. Real Prop. Acts. Law § 511.)."

 

[hosspuller]

Correct. In NY, it's VERY difficult.

"
A trespasser's possession must be:

1. hostile (against the right of the true owner and without permission)
2. actual (exercising control over the property)
3. exclusive (in the possession of the trespasser alone)
4. open and notorious (using the property as the real owner would, without hiding his or her occupancy), and
5. continuous for the statutory period (ten years under N.Y. Real Prop. Acts. Law § 511.)."

I would say these five points are not hard to achieve with a fence, building or driveway. Even a mailbox. In NC the period is 20 years with the same requirements.

I can vouch that 20 years passes very quickly...10 years is a blink. I fought this battle.

 

[LouNY]

If I owned a piece of landlocked property I'd make absolutely sure I had deeded access.

Then it's not land locked.

 

[JPRambo]

And a deeded easement. I owned my land for about 5years before trying to get power to it. I had to have my neighbor agree to and sign papers before coop would bring in power lines.

If I owned a piece of landlocked property I'd make absolutely sure I had deeded access.

 

[SgtSluggo]

To the OP
Tennessee does have perimeter (property line) fence laws. If it sits right on the line, both landowners are responsible for the cost and upkeep of the fence.

You should look into them and talk to your neighbors if you decide to put one on the line.

 

[Bill Guenthner]

I have 35 acres and my son has 60 acres. Combined we have 12 land neighbors for the 95 acres. One of my sons 6 neighbors has a high tension wire, tree blow downs took care of that expensive wire last year and not sure this winter damage yet. Four other neighbors have dilapidated fencing if any at all. His southern neighbor has 4 strands of barbed wire for seasonal horses! My one southern land neighbor no fencing, the other adjacent is a year round pond making up that part of the property line. My neighbors to the SE - no fence, the other eastern one has livestock and a nice straight solid fence. With this neighbor fence I planted a tree line 20' from the fence as this is right on the property line. Here is where hay is cut and baled and eventually over time my neighbor will have wind break. The last one along the easement has no fence just the road. But with or without fencing all 95 acres 4 corners are marked and surveyed and easily found and seen.

Idaho2

Wow! That’s a lot of neighbors for 95 acres. Are you close to town?

 

[Bill Guenthner]

I have horses. But the most important factor to consider is the neighbors. One neighbor of mine is great. When he was planting trees along the line I asked him to plant them far enough from the existing fence (on the line) to allow him space to mow. He allowed ten feet from the fence. 20 years later, the mature trees only give him lawnmower width. Another neighbor didn't speak to me before having a surveyor mark the line. I guess he thought I was encroaching when I nailed up some field fence to keep my dog in. I wasn't, so he paid a surveyor needlessly. By his actions, I've no desire to be helpful to him. (he's in a subdivision, doesn't have a chainsaw) I have a farm with all sorts of handy stuff.) Friendly, is a two way street.

Why would your neighbor need to talk to you about having his property surveyed and marked?