So I was left some land after my grandma passed away. We had it surveyed and turns out my neighbors fence line needs moved back 5 feet for a 14 acres stretch. He is kinda of a butt of a neighbor in ways and I know if shoe was on the other foot he would make me move mine, however I'm not that guy I wouldn't use that part and he does graze cattle. Anyways my question is, if I don't say anything or do anything can he claim that part as his for sitting on it so long?? He bought the land a long time ago from my great grandpa and they never surveyed it just went by grandpa's eye. Anyways I don't want to be the one to say you need to move the fence but I don't want to give that 5 foot up as well, and I would tell him to move it if it meant I would lose that 5 feet. I know nothing about the laws and get most my information from tv shows lol.. and I have seen them find different situations in favor of the the other because the person did nothing about it when they had a chance. And advice would be appreciated.

It varies from state to state . In our state yes he can take it by what they call adverse possession, and in our state it only takes like 7 years before they can claim it.

You sound like a great neighbor to have. After you find out the law, if it is in your favor, I'd have him move it. Being the nice guy you are, you could offer to help if you think it might smooth things over. You may make a good friend.

I have an intrest in this topic as well. My neighbor put up some fence that's over the line and I noticed it recently.

I also dont want to be that guy over a 6" to a few feet" runs over at an angle" it's only about 5 post and he is a nice neighbor. But I have concerns like you along with what if he dies or sells ect..

Also I wouldn't dream of putting up a fence on a property line with out doing it on conjunction with the adjoining land owner and be sure it is accurate and both parties are on the same page.

I don't want problem with the neighbor but right is right. And later when I fence it for live stock it will be very apparent.

This fence was up before I was a twinkle in my mom's eye, so it's not like he has put the fence up on his own, that is one reason I haven't said anything.

H20 in your state does that run from new owner to owner. Since the land has transfered and it was surveyed and the new land owner had no option the seven years before they were there does the new land owner not have a right to it?

So it's an old fence and probably due to be replaced anyway. You could wright him up a lease agreement for that strip of ground cheap so there is a record of him knowing it's yours and no later problems pop up. But it all depends on how he responds.

For me if I get a sharky response I dont trust myself to behave with a good Christian attitude and is one reason I have been putting it off

Providence I joked with my wife that I would go ask if I could hunt fish and trap and when he says no like he will I would say well we need you to move your line lol.. but yes that is what I thought of some kind of contract that states it's ok to have the fence line where it is but subject to change at anytime and states real owner of the line attached with the paper work of the surveyor.

I'm not sure in that instance.

Not sure if it's my County or all of Indiana, but if either party wants a line fence or there is an existing one, when you are standing on your side, you are responsible for the right half of the fence. So, if he wants or has livestock, you have to hire and pay or do it yourself and maintain it. You also can't remove it.

" He bought the land a long time ago from my great grandpa and they never surveyed it just went by grandpa's eye."

If they marked on the ground (fence) when he bought it. The physical marks on the ground (fence) are the boundary of what he bought. The written information is to help you find the marks on the ground not to help you make new marks.

Each state will have slightly different laws concerning this. BTW, I have been a practicing licensed land surveyor in PA for more than 40 years.

Thanks eb

It sounds like your Grandpa and him made a deal on the land purchase and they both agreed that's where the fence went. Sounds like the land on the other side of the fence is his. You could talk to him and show him the survey. Agree to leave it as is and you could reclaim it when he can no longer care for it. But I would get it in writing if he agrees to do it.

On the survey map for the property we acquired it actually has “a forked gum tree” noted as a marker. lol

I'm not sure if that is how Missouri is, the neighbor up the road just did this a year and he lost half his pasture on one side. However it was a big difference not a small 5 feet or so. I drive by and moan all the time because he lost half his pasture for his horses moved his fence and the other neighbors just let it grow up and didn't nothing with it.. I understand the principal of it but the others guy horses used it and kept it clean at least lol

In most states a claim of adverse possession can be made seven years after the encroachment becomes open and notorious.

This means that now that your survey proves the encroachment it is up to you to kick him off. If you don't kick him off before the seven years period is over then it becomes his.

Different States have different time requirements. I've heard of as few as five years and as long as ten.

Spend a few hundred buck on an attorney, don't fret about it yourself.

I'm in sw missouri and dealt with this when I bought my place 6 years ago. I have roughly 1000 feet on my west side where the fence is roughly 10-15 feet off depending on where you are at. Its not exactly straight. Been that way for years. The 10-15 should be on my side. Its not. However, for basically the length of the fence, it is all grown up with trees and blackberries and shrubs. great for the wildlife. I am not running cattle against it and neither is my neighbor - who is a crotchety old coot - so I decided its not worth my time and effort. If i had cattle or crops, might be a little different. And i have heard that in missouri, if the fence has been there for a lot of years, you will have a hard time in court. Might not be worth all the legal fees either.

Did a consolidation deed combining several small parcels a few years ago. One of the deeds was from 1856. Everything was measured in perches and links. One line of the property was described as "south sixty six degrees and forty five minutes east twenty two perches and twenty three links to a stone on the north side of a large maple tree standing in the north edge of the swamp."

We had to rely on property descriptions of neighboring properties to guide us since all of the property lines depended on roads that had been moved or landmarks that weren't there anymore.