Because our fence is so farinside 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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