[Homestead] Don't Ya Just Love It

Clansgian at wmconnect.com Clansgian at wmconnect.com
Wed May 13 08:28:00 EDT 2009



> > Because our fence is so far
> inside the line, he could easily claim that land. 

Yes, he can.  There is a law that differs from state to state but is 
essentially the same.  Goes by the name of "adversarial possession" in most 
states.   If a person uses your land (or some piece of it) as if it were theirs 
for a number of years (seven in this state), they can claim owership.

It is IMO a very bad idea to erect a fence inside your property line where 
it could be mistaken FOR the property line, even by a foot. I know the 
temptation is to view it as "Well, it's entirely on my property so I'm completely 
in control of it."  The hassels of a joint fence are far less than the 
hassels of a survey to prove your property line.

If you can't agree on the type of fence, put the type you want on your side 
of the posts and your neighbor can put what he likes on his side.  It's 
much cheaper to get along and really build a joint fence, but sometimes it 
isn't possible.

Even if it's just T-posts and two strands of barbed wire or electric fence, 
you gotta be like the dog marking his territory on the trees.  Put a fence 
right on the line.


James  (Good neighbors make good fences.)


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