Fencing my property

[RjCorazza]

I know in Maryland it's practically impossible to take land by Adverse Possession, and a fence for X years does not become a property boundary.
I forget the exact language, but it's something similar to:
Open and notorious occupation and/or use without the legal owner's permission for 20 continuous, uninterrupted years.

My late parents allowed a neighbor to use a portion of their building lot for a driveway. Fortunately my father wrote up an agreement giving (revokable) permission to use the land. It got a little complicated when we settled the estate, but the neighbor was ultimately forced to move his driveway.

 

[Spike56]

From what I understand, (which, I do not claim is much), taxes do not necessarily have anything to do with adverse possession. The taxes are paid based on a survey that takes place when the land is sold. A fence may be put up afterwards and not effect how much land you are taxed on. Years later, you go to buy some property, and the "new" survey shows "area under an adverse fence". As I understand, if this fence has been in place for a long (how long ?) time, the neighbor can claim they have "possessed" / "used" this property and it "may" now belong to them. Complicated, stupid, but that's the LITTLE I understand about Texas Law ?

 

[fishdrivel]

As a land surveyor I’d say put the fence on the line. To many problems in the future with people thinking the fence is the line if it’s not on the line.

I recommend getting a good survey and getting property line pins along the way.
I then put the corners "exactly" on the corners.
I put the fenceline in a few inches- because no fence construction is as accurate as a survey.
Ever had to move a fence? I have!

 

[bcp]

I marked my line with an occasional T-post, then built fences where convenient. But I also placed a single wire stretched between the T-posts to better represent a fence on the property line. My animal fences were all at odd angles to the line due to terrain, so it would be hard to claim they were on the line.

Bruce

 

[hosspuller]

Adverse possession laws vary by state. Even local law may have an effect. Don't commit yourself to internet advice. Either get a local lawyer or do your own research.

What I or anyone else did with a fence is NOT applicable to the OP unless he's a neighbor.

 

[fishdrivel]

Adverse possession laws vary by state. Even local law may have an effect. Don't commit yourself to internet advice. Either get a local lawyer or do your own research.

What I or anyone else did with a fence is NOT applicable to the OP unless he's a neighbor.

Pretty simple in your neck of the woods. Other states - not so much.

 

[dodge man]

You can mark the property line and build the fence several feet from it. Short term it’s not a problem. When I think of fences and land ownership, I think long term. I see fences, surveys, corner markers that are well over a hundred years old. Long term I always think fences on the line are best.

One thing I have learned through continuing education requirements and classes I have taken is courts are not concerned about trivial discrepancies. Say you build a 1/4 mile of fence. In places it wanders several inches off the boundary line, maybe even a couple of feet if it’s hilly ground. No one is going to hold your feet to the fire for that.

 

[Ken45101]

Pretty simple in your neck of the woods. Other states - not so much.

Bingo! Adverse possession varies state to state and over time. My lawyer told me it is very difficult to successfully claim adverse possession in Ohio.

YMMV

Ken

 

[ChuckT]

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.

 

[NorTracNY]

Bingo! Adverse possession varies state to state and over time. My lawyer told me it is very difficult to successfully claim adverse possession in Ohio.

YMMV

Ken

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.)."