We finished the survey for our new property last week. Found out the fence line in the back of the property is 10 ft onto our property and its been that way for a very long time. Would you have the "fill in the blank" to cross the fence line and hang a stand to hunt the fence line on your side of the fence? When technically both sides of the fence are on your property? I only ask because that side of the line has the mature trees... I guess I feel like I should ask the property owner but its my property so why should I ask at all? I don't really care to go announce I will be hanging stands back in there.
If you have not closed on the property I would let your attorney know there is the potential for adverse possession. It is unlikely, but if it was me I would want to make sure.
It's your property, do what you want with it. I'd let the other landowner know just to make sure he doesn't go try to take your stands down.
Boy oh boy does that bring back memories! After erecting a tree stand (having to climb over an old fence line to do so) on land I thought I owned - and finding the neighbor using it one day... I had the property totally surveyed. The neighbor was REAL ****** when he found out we owned a large chunk of land he thought his grandparents had before him. The property was his absolute favorite to hunt deer! Good news was he had over 200 more acres to find a new favorite spot. Long story short... I killed a ton of deer in that 'hot spot' before we sold it years later. Bottom line: I'd tell him (with the survey map in hand - it helps) that the property he thought he owned, is actually yours. And, I'd let him know if he hunts he needs to find another spot. A benefit of meeting with him might even develop into finding a new hunting friend (just not in that area... )
Ive heard if the fence is established for 7 years or more it becomes the property of the land owner on the other side of the fence. Essentially, the fence becomes the new property line.
I would definitely talk to the other land owner. Maybe he'll throw a fit and it won't be worth the 10' gained. Maybe he'll be just fine with it but I sure wouldn't start out your new land on a bad note.
I think the law being referred to is called immanent domain. Pretty sure it's ten years. But he has to prove it in court. I would talk to your lawyer if I were you, and ask him how to approach this. I worked for a land surveyor for 5 years in western PA, ran into this problem all the time, and that was the advice the land surveyor always gave, talk to your lawyer on how to approach this. Sent from my iPhone using Tapatalk
I know you are right. Heck maybe if I go about it the right way he will let me hunt the entire property....
I personally don't like hanging stands that close to the property line if I can help it. However if I really wanted to hunt that spot I'd let the neighboring landowner know. You're going to be neighbors for presumably a very long time. Seems like it would be simpler to start the relationship with open communication now rather than a shouting match come October.
SMH around here at least we meet all our neighbors real friendly and then you go from there. I would just go introduce yourself to him let him know you just bought the bordering property. Explain to him that you had the property surveyed and it came up past the fence and not sure if he was aware of it (show him the map while doing this to). Tell him your not trying to be a D***about it but just want to make sure you guys are on the same page. That would be the first thing I do and depending on how he is about it is how you take things from there. Don't want to start off on the wrong with your neighbors.
Imminent Domain/ Squatters rights. Has to be proven that they actually maintained the area and put forth effort or money to keep it up. A chunk of woods is going to be hard to prove they did anything to it.
