Shared fences and eminent domain

[Iowanian]

Every state is different but it's probably not as simple as "get it surveyed a move the fence" due to terms like occupation and adverse possession. Unless that fence was down I'm not sure the line can be moved.

[Tombstone RJ]

Originally Posted by Iowanian

Every state is different but it's probably not as simple as "get it surveyed a move the fence" due to terms like occupation and adverse possession. Unless that fence was down I'm not sure the line can be moved.

Yep

[kccrow]

Also research "Boundary by Acquiescence" in your state, county, and city codes. This is what Tombstone is getting at.

[srvy]

Depending on state in most cases where a fence is vs where it should be can be settled its called adverse possession. Most states required the adjacent owner has to make his intentions open and known.

This is a good guide to the law.

To acquire title to property by adverse possession, the possession must be open to the world, hostile to the interests of the true owner, exclusive, and continuous for the statutory period.

In Missouri its 10 years so the neighbor has to make it known to you his intention to make said property his. then the clock is running for 10 years. At the end of ten years and you havent corrected it then he can purchase this strip of property through a resurvey and plat of lot.

[srvy]

I will add usually when fences or out building have to be removed it goes through the courts if land owners cant come to an agreement. When it gets to a judge anything is possible its a crap shoot.

[BryanBusby]

Jack off in his front yard while screaming very loudly. After a few days of this, they'll understand who the alpha is and will resolve the issue.

GL

[kccrow]

Originally Posted by BryanBusby

Jack off in his front yard while screaming very loudly. After a few days of this, they'll understand who the alpha is and will resolve the issue.

GL

[srvy]

This picture your property appears to be your fence. I dont know if your the original owner or if that fence was there before you bought. Just the way the chain link is installed tells me this.

[SAUTO]

Originally Posted by srvy

This picture your property appears to be your fence. I dont know if your the original owner or if that fence was there before you bought. Just the way the chain link is installed tells me this.

Yep

[SAUTO]

I had a neighbor tell me he owned two feet on my side of a shared fence and I needed to keep my dogs that far away somehow.

So I built a fence on that line just where his mower won't fit down it and spray my side. Its funny watching the ****er weed eat it every time lol

[srvy]

Section line fences in rural areas are a whole differant animal. Some fences may have been in place longer than the existing section corner. The original surveys when you trace back in the field notes they state raised a mound and set an oak post. Then the blazed trees and referenced said corner and section line. Well those no longer exist so a surveyor retraces and follows in the footprints of the original surveys as best can. The equipment has evolved we are more accurate but the original lines stand. A judge many times rules that old fence is the monument to the line and to hell with the surveyors evidence.

[Tombstone RJ]

Originally Posted by srvy

Section line fences in rural areas are a whole differant animal. Some fences may have been in place longer than the existing section corner. The original surveys when you trace back in the field notes they state raised a mound and set an oak post. Then the blazed trees and referenced said corner and section line. Well those no longer exist so a surveyor retraces and follows in the footprints of the original surveys as best can. The equipment has evolved we are more accurate but the original lines stand. A judge many times rules that old fence is the monument to the line and to hell with the surveyors evidence.

Good land surveyors always do their research before sending anyone out in the field. That said, not all surveyors are good. In fact, some are bad, and they create more problems because they set stuff where they shouldn't, because bad land surveyors neglect to do the proper/extensive research on the history of said property, and the surrounding properties, via previous surveys and plats and deeds, etc.

[srvy]

Originally Posted by Tombstone RJ

Good land surveyors always do their research before sending anyone out in the field. That said, not all surveyors are good. In fact, some are bad, and they create more problems because they set stuff where they shouldn't, because bad land surveyors neglect to do the proper/extensive research on the history of said property, and the surrounding properties, via previous surveys and plats and deeds, etc.

If you had the original surveyors chain you would measure his distance

I agree to some extent. I have been doing this for 40 years you get to know the reputations of the surveyors. Most are very ethical and do there best to retrace the original intent. Most surveyors now are willing to share there work in the area. It wasnt always this way as you were a competitor to them.

[Buehler445]

Originally Posted by srvy

Section line fences in rural areas are a whole differant animal. Some fences may have been in place longer than the existing section corner. The original surveys when you trace back in the field notes they state raised a mound and set an oak post. Then the blazed trees and referenced said corner and section line. Well those no longer exist so a surveyor retraces and follows in the footprints of the original surveys as best can. The equipment has evolved we are more accurate but the original lines stand. A judge many times rules that old fence is the monument to the line and to hell with the surveyors evidence.

Yuck.

Thank goodness every survey I’ve had done the surveyor measures. Probably because this wasn’t as developed when it was originally surveyed.