You need to talk to a lawyer and make sure you know what you're doing and talking about with it being an established fence line, first and foremost. I've often heard about established fence lines and it holds a lot of weight. Now if he rips out the old fence and starts replacing it...you have him.
i see your point but........... hanging stands RIGHT ON property boundries is a bad thing. if you shoot a deer 50% will end up dieing on thier property. the closest stand i have is about 60 yards for the neighboring property. these kind of things can cause bad blood . trust me.
Not to thread jack, but how many acres did you have surveyed and how much did it cost? I ask because I recently got a quote to have 2 sides of 34 acres surveyed and the firm wanted $2500. I thought it was pretty steep but I have nothing to compare it to. Sent from my iPhone using Tapatalk
Here the law is you have to maintain the property for 10yrs. Also have proof that you have payed taxes for that 10yrs Sent from my iPhone using Tapatalk
in my area I know people that tried doing that imminent domain crap and here it is just a myth. a buddy of mine that works for the deeds and records department told me "if that were true we would have to have multiple crews resurveying property nonstop and would have to reassess all properties every year. and we wouldn't even know who and how much to tax for their property." I mow along side my road for about a 1/4 mile on each side of my property and have been doing so for over 10 years. I guess all of it will be mine and now my neighbors property will be landlocked without road frontage because I have been maintaining it. that would never hold up. in my area each deed has a map and that property will not automatically change unless the proper paperwork is done and a bill of sale is completed. be nice to your neighbor as long as he is nice to you and only good will come from it.
We have a slightly similar situation going on now too. It's crazy...I assume your properties deed was very old?
No Problem. They had to re-survey 3 parcels totaling about 80 acres in size. They were just suppose to mark the corners but I talked the surveyor into giving us a stake every 50 yards or so to establish the new fence line. It was $1500. They had it done in two days but from what I can tell they only worked a few hours each morning because of the heat. I called two different surveyors and they both quoted me the same price. One could start right away and the other guy was backed up 3 weeks.
Yes, I think its pretty common because of the accuracy of today's survey equipment is much better then traditional equipment. Especially in heavy cover and up and down terrain where you have a limited line of sight.
I'd say something to the other land owner and if you have had the survey and markers up make that to a point to him but if its your property I'd wanna meet whomever first cause u may hang stand on your side and then come fall they disappear do to this person...
I think the biggest issue here is the laws differ not only by state but by county and even possibly by township. Hence why you are directed to contact a lawyer for interpretation of the local laws. My understanding is that generally when you buy property, it is listed as "More or Less". Meaning that the deed may say 40 acres, but the fences could be off the line just a bit so you are buying 40 acres "More or Less" based on the established fence line. That is kinda accepted and the common place of how people buy land. If the land is surveyed, then that can change the actual property lines, but again you would need to know the specific law right down to the township level and why consulting a lawyer is recommended. I actually have this situation on my property. I bought 40 acres "More of Less, but the fence actually has roughly 41.5 acres within it. I treat that extra land as my own since there wasn't a survey done when we purchased the land.
This thread is a perfect of example of people thinking they know the law because they can Regurgitate things they have heard and didn't fully understand. This instance has NOTHING to do Eminent Domain. Eminent Domain is defined as ...The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property. What this maybe is a very weak case of Adverse Possession. Sent from my iPhone using Tapatalk
The 10' fence / prop line thing seems fairly common around here, especially where trees are present. In fact we just finished running a bunch of new fence and did just that. Its nice be have the ability to get equipment to both sides if/when needed without ever leaving your property. Those dang surveyors ain't cheap huh lol Go chat with the neighbor cooter.
Make landowner aware of it....a good neighbor relationship is priceless....and a bad one is extremely costly.
This was taken from the Missouri Fence Law. Kansas could be different, but this is from a reference I knew how to find: Boundary line disputes and the doctrine of adverse possession (squatter's rights) Fence boundaries Boundary location disputes usually arise in connection with rebuilding or relocating old fences. The principle referred to as "squatter's rights," properly called the doctrine of adverse possession, then becomes important. This legal doctrine provides that someone in possession of land continuously for a period of 10 years may receive absolute title to the land if his or her possession was adverse to the interests of the true owner. The court and jury will decide. It may require a "quiet title" lawsuit to decide whether all five elements of adverse possession are present in any given factual situation. If the possession is Actual (land used in the same way that nearby landowners use their land), Hostile (under claim or right), Open and notorious (so long as the adverse possessor acts as though the land is his), Exclusive, and Continuous for the 10-year period, then title can be established for the adverse possessor. Tenants cannot assert adverse possession even after leasing the property from more than 10 years because they are there with the consent of the landowner (not "hostile use"). The usual case of adverse possession is one in which the adverse possessor does not have guilty knowledge that he is on another person's land. Typical adverse possession lawsuits involve innocent construction of fences off the true boundary line. It doesn't make any difference (under Missouri law) whether the adverse possessor (really just a "trespasser") paid or did not pay the real estate taxes on the land being claimed under adverse possession. Keep in mind that if a title is acquired by adverse possession, it can be made "marketable of record" only after either a court has rendered judgment that all the requirements of the doctrine of adverse possession have been met, or the neighboring landowners have given each other signed, notarized, and recorded quitclaim deeds. The "quitclaim approach" is basically a settlement out-of-court and should be done with legal advice.
I would hunt it. Its YOUR property. Sure telling him would be nice, but he could make a bigger problem out of it than need be. If a situation comes up, the best advice I can give you would be to be very polite and understanding, all the while explaining how the fence doesn't mark the property line. I get that you wouldn't want to go announcing where you hand stands. But like I said, the best thing you can do for yourself is be polite and non aggressive because you dont want to burn a bridge this early. One of the best things to have on a piece of property is good neighbors.
Yes but when you do that you cheat your property line not the neighbors right? Meaning you build your fence on your property even if the fence it isn't the property line.
