When does a fence line become a legal boundary?

If the fence line, tree line, driveway or other demarcations have been treated by both sides as the boundary line for at least ten years, that line will be deemed to be the legal boundary even though it differs from the actual surveyed boundary line.

How many years does a boundary fence have to be in situ?

If there is a dispute over who owns the land, you have to prove over 10 years exclusive use without permission or objection and not in secret. That would appear to be the case here.

Is it common for fences to vary from property lines?

Since it is quite common for fences to vary from actual property lines, special attention should be given if you are acquiring property with existing fences, as well as if you install new fences during the course of your ownership.

When did we put in a wooden fence in front of my house?

The new wooden fence which we had erected four years ago with their permission and consent, ( in fact they chose it and the fencing contractor, we just paid for it) replaced an old tumble down fence in the front garden and right down the side of our extension.

How far back does a fence have to be from the property line?

Check Rules and Regulations Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line. Other areas will allow you to go right up to the property line.

When does a fence become a property line in Alabama?

My neighbor just had a new survey done which shows that the fence sta … read more Is it an Alabama law that if a fence has been between Is it an Alabama law that if a fence has been between property over 20 yrs. and has never been contested then that become the property line.

When did the neighbor put up the fence?

The old owner had paid and put up a fence. Our neighbor now thinks that since the old owner paid for the fence … read more Lead Attorney Miller Law Of… My property line was set about 32 years ago by the man who developed this track of land.

Do you need a property survey for a fence line?

This scenario is especially problematic when a purchaser has acquired a piece of property under the assumption that the fence is “obviously” the boundary therefore they believe no property survey is needed. Warning: Never take the word of a real estate agent or an existing property owner about where the boundaries lie.

Can a neighbor take adverse possession of your property?

Even with neither the owner nor the neighbor having been aware of it going on, one can successfully take adverse possession of a piece of property. Please answer a few questions to help us match you with attorneys in your area.

How to obtain legal recognition of a boundary line?

The way to obtain legal recognition of that boundary line is to bring an action in court based on adverse possession and requesting a court order confirming the different property line demonstrated through adverse possession.

What to do if neighbor claims your land?

Send him a letter or, if you feel more comfortable, have your attorney send a letter. That letter should make reference to specific property boundaries as described in publicly filed deeds. It should clearly state that you do not consent to the use of your property, and that you revoke any perceived license that he believes he was given.

Can a neighbor claim adverse possession to take?

Can neighbor claim adverse possession to take strip of my property that he has mowed for several years? – Legal Answers – Avvo Can neighbor claim adverse possession to take strip of my property that he has mowed for several years? I own an empty field that I mow with a bush hog a few times a year.

What did my neighbor do about his survey?

Recently my neighbor had a survey done which showed that the actual boundary was slightly different than the assumed in the whole neighborhood. Now he wants me to rip out my raised beds and anything else crossing onto his property and he will put a fence on the new line.

Where is nieghbor Whos land meets the road?

The driveway now also has a lease on it for a gas company. The nieghbor whos land meets the road ( not land locked in ) and is L shaped , which means up my left side and across my back side. He had his own road going up the hill behind his house ( no one lives in it).

Can a neighbor dispute a right of way?

A friend of mine is going through a dispute with a neighbor about a right-of-way and I thought it was worth sharing. Many pieces of property have legal right-of-ways that grant access to pieces of property for many reasons. Furthermore, many property owners arean’t always aware of the right-of-ways and the significance of them.

Can a misplaced fence cause a boundary dispute?

Over the Line: Misplaced fences, roads and other boundary disputes. There’s an old saying, “Good fences make good neighbors.” While that may be true normally, sometimes a neighbor’s fence is out of place and on your side of the property line. Encountering a boundary dispute with an adjacent neighbor is a fairly common issue for landowners.

How did the surveyor come up with the fence line?

“Although the fence was not mentioned in any description of record, and had a “bow” in it, it showed signs of such antiquity that [the surveyor] concluded that it had been accepted as a boundary…”

When do you know what the boundary line is?

In other words, if your neighbor’s fence has been three feet over in your yard for the last five years and you both have acknowledged the fence, then it is implied that you both agree that this is the boundary line.

When did the previous owner put up the fence?

I think the fence was put up by the previous owner of the neighbouring property (perhaps 25 to 30 years ago). It was there when I moved in to my house. I dont expect the neighbour to take kindly to me asking for my land back and want to be prepared when this probably happens. They haven’t asked for adverse posession as yet.

If there is a dispute over who owns the land, you have to prove over 10 years exclusive use without permission or objection and not in secret. That would appear to be the case here.

Can a neighbor keep a fence over the property line?

Answer. For a nominal amount (say, $15 per year), they can keep their fence over the property line and use that three-foot strip. So, if in 20 years, your neighbors run to court to claim adverse possession, you’ll be able to defeat their claim by introducing evidence of the rental agreement and annual payments.

What happens if you have two fences on your land?

So there are now two fences, one on your land and one on your neighbour’s land. The boundary, being a line of no thickness, would then run between the two fences even if those fences are touching each other. Fence height: How high a fence can I put on my boundary? The height of fences is a matter of planning policy.

Can a fence be the same as a property line?

Property owners sometimes mistakenly assume that an existing fence is the same as the property line. They are shocked to discover that the fence in question may be many feet in error when a survey is performed.

Where is the best place to put a boundary fence?

This type of fencing is more commonly found in farmland and other rustic properties. The convention is to place the posts into the ground so that the far side is within the owner’s boundary. If the posts have a hole in the centre, as is normally the case, the wire would be stretched through the centre of each post.

When does a fence become a property boundary line?

Had the plaintiffs waited just one more year to file suit to confirm the property boundary line, i.e., five years, the period of time in which a prescriptive easement can arise, the fence may have become the new property boundary line.

Is it true that the boundary was wrong 20 years ago?

They cannot now decide that the boundary was wrong 20 years ago. Yes, they are saying I stole the land when the fence was put up four years ago. It is complicated.

When does a neighbour put up a fence?

A boundary dispute generally happens when a neighbour puts up a fence or wall marking out their boundary without confirming with the neighbours. Boundary Disputes & Solutions Another popular boundary grab is when a neighbour sells a property and another neighbour erects a fence overnight outlining their “NEW” boundary lines.

How close can I put a fence to my property line?

No one wants to rebuild their fence or address the issue in court with their neighbors! Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line. Other areas will allow you to go right up to the property line.

Is there a fence around the back of the garden?

We only have one fence around our garden – on the left hand side and the rear boundary we erected and maintain the fence and on the right hand side that neighbour erected one (when the previous one blew down) and he maintains it. Most gardens only have one fence around the boundary.

Can a fence be over a boundary line?

fence or posts should always be placed against the boundary (not over it). If your fencing needs any type of footing to secure it, the footing is allowed to be partly beneath your neighbour’s land. According to the Party Wall etc. Act 1996, this does not constitute encroachment. This is a common problem.

Is it true that every house owns the fence on its left side?

Is it true that every house owns the fence on its left side, as you look at it from the street? There is no general rule about whether you own the fence on the left or the fence on the right of your property.