? about land and adverse possession.Update.....

ThisOldCabin

Enjoys Recycling
Joined
Feb 23, 2011
Messages
40
Reaction score
0
Points
22
I've known this was coming for over 15 years.We bought this piece of property 15 years ago.We had known the owners on 3 sides forever,we knew them because our parents knew them.The piece we got has stated on the deed the fence on one side is the line.It was flagged by the survey.It also has iron pins at the corners.We borrowed from a bank to buy it,using the land as collateral,so they did all the paperwork.3 years after we bought it the neighbor on that side has it surveyed and that one showed the line to be about 30-75 feet on our side.We called our lawyer,he said made pictures of the fence and keep it up.We have kept up what was there and replaced what rotted away.We go to check the fence line today and its all cleared out.Granted it was/is a old fence.But we have kept it up.Couldn't just walk though it or ride a horse or atv or etc.There was a fence there and now its gone.I reckon I'm calling our lawyer in the morning.Never been a issue over this line for at least 75 years.I'm glad I've kept up with all the paperwork on this.We bought it as that being the line and everybody knew it.I'm not trying to take anything from anybody,I just want what I payed for and am still paying taxes on.I'd like to know if anyone has had to deal with this and what happens.We stand to lose about 10 acres if they win.I've planted trees and hunted that since we bought it.I don't think I'll give it up too easy.I've never been to court and I reckon I don't want to,but I guess I might.Thanks for the space.I read alot but post very little.Thanks again.:)




Update as of this evening.
I called the lawyer and was told they don't handle property disutes anymore but did have someone that could help.Also,she asked if I had talked to fellow to see whats going on.Call back later.Called the courthouse and found out who does own the property.Got names and address,which is a PO box in another county.Called and talked to the fellow.He told me he didn't know where the line was when he bought it.The person who showed him the place took him down to the fence and told him the line was here somewhere.I have checked out the codes and laws in my state concerning this.Looks like because we bought it as this and it states that on the deed and we have been using it and have paid the taxes for over 15 years,the line should not be moved.This kind of stuff shore is hard on a body.Whew......I get to make more calls in the morning.Thanks again for space/time.
 

2dream

Flibbertigibbet
Joined
Jul 16, 2008
Messages
2,580
Reaction score
3
Points
200
Location
Brandon, MS
Don't know what the law is in your neck of the woods but here if you have paid the taxes on it for 11 years and can prove it, its yours. And when I say prove it I mean you have to have your receipts. But your lawyer can tell you.
 

Denim Deb

More Precious than Rubies
Joined
Oct 21, 2010
Messages
14,993
Reaction score
616
Points
417
Our church almost lost a chunk of property that way. By the time we realized that the neighbor was over the property line by several feet, it was almost to the time limit, so that's something to check out.
 

Marianne

Super Self-Sufficient
Joined
Feb 6, 2011
Messages
3,269
Reaction score
355
Points
287
Location
rural Abilene, KS, 67410 USA
Can you beat a path to the deeds office there? They have to have a legal description of your property on file.

Here, it doesn't matter if the neighbor encroches on your property. The important thing is the legals. I'd get the property surveyed again (and it might end up in a completely different spot!), call the neighbors and tell them. Put up a few T posts, paint 'em orange. Put up a no trespassing sign on a wire between the two posts.

In our neck of the woods, if they have been using your property for access to get to their property for years, then you can't do much about that, but they can't just steal land because they want to when you're around. This just blows my mind.

Good luck!
 

TanksHill

Super Self-Sufficient
Joined
Sep 12, 2008
Messages
8,192
Reaction score
15
Points
272
Location
NOT Southern, Ca. :)
My neighbor tried to tell me his fence should be 4 ft more on my side. We have power poles on the line with a 4 ft easement for the power company. I told him he could run his fence to the pole if he liked but not past. What kills me is my property and the stone wall between us was built in the 30's. His didn't come until about 20 years later.

I would definitely get a new survey.

Sorry for your troubles, 10 acres is huge.

G
 

FarmerChick

Super Self-Sufficient
Joined
Jul 21, 2008
Messages
11,417
Reaction score
14
Points
248
we own a 30 acre tract. we set behind the main road on a dirt road...homes were built on that strip. a few of the owners thought the woods were their property...til I brought in a surveyor and then strung a barbed wire fence up the whole line to tell them just where their ownership ended and my property started. Funny thing is they walk our land all the time. Tony was in his deer stand and out from the wood edge comes a neighbor taking a stroll, in prime deer season. Hubby was pissed to the max. No only can ya get shot, the hunt was shot for the day. When Tony chatted with him he said he came onto the property all the time to walk our driveway we built HA HA. Tony said stay off in deer season lol

get a new survey--your own. then if needed get a lawyer.
 

sparks

Lovin' The Homestead
Joined
Jul 13, 2008
Messages
162
Reaction score
1
Points
84
Oh boy! We have 2 acres. The farm behind us sold and now wanted to have 25 lots for sale. Our neighborhood fought them and settled for bigger lots. In the mean time they started a road behind our property. My neighbor stopped to tell us they were 12 feet on our land. We called the authorities, it was re surveyed and there is now a large curve on that road @ the end of our land. We smile everytime we see it. The little guy does win sometimes!:weee
 

hwillm1977

Almost Self-Reliant
Joined
Nov 22, 2009
Messages
896
Reaction score
0
Points
108
Location
New Brunswick, Canada
We only have .8 of an acre. When we came to look at the house we were told that the property line ran along a row of 30 foot pine trees between us and the neighbour... when we came to move in he had moved the survey stake 16 feet onto our property and continues to mow that strip on our side of the trees...

We're going to have the lot re-surveyed before we sell it because I'm pretty sure that strip should be ours, but I don't want to make waves while we still live here. (We'll only have lived here for 6 years when we sell next spring, he's been here forever).
 
Top