Property boundary legal question.

[Tony Nile]

@bluumoon update?

 

[Weldor]

Access would likely have been via prescriptive easement rather than adverse possession. PEs only give the right to use someone else's property for a particular purpose being claimed, such as a driveway. AP means someone gets title (ownership) to the dirt and all associated rights the loser may have had on that dirt. More hair splitting, but very different effects.

We had a very similar situation with a new neighbor from California. Our front pasture fence has been in place since 1981, I replaced it with steel cattle panels. He comes over after 6 years and says our fence in on his property, ( a silver 0 ft to about 36" in 244 ft,) plus it is on the road easement side of his property and mine also. We had it surveyed when we bought 15 years ago, his surveyor's lines were way off. Our guy found the original hubs and what do you know, the other surevyor disappeared.. Be careful who you hire out there. A satellite dish and transit does not make a surveyor. That said the country up here doesn't have anything close to actual property lines. they have been so convoluted by old ranch boundries done in chains and ranch property that was sold off piece meal etc. It's a pain in the ___. best to get a good property lawyer and go from there. Be aware you can be held liable for legal costs depending on your location.

 

[Bluumoon]

No update to share, need to free up/let go of funds to do it.

 

[Iowafarmer]

Bought some acreage last year that wasn't surveyed. Yes I know, should have. Question is, a boarding neighbor (he's owned the property 3 years) is claiming/fenced (old) and gated (new), what would be the southern road access to my property at least according to County GIS maps. Obviously the maps aren't perfect and a survey will/would confirm, but it appears pretty clear to me. I can't find a corresponding easement on my title, regardless if he has one I feel like I need to establish the line so I retain county road access to that part of the property.

Approached the guy to be neighborly and express my concern, essentially was told nope there's the property line ie the old fence line. Appears to be about a half acre he's claiming, can't imagine GIS is off that much.

I don't want to be unneighborly with how I proceed... It would really jam him up if I'm correct and he doesn't have an easement. His property was not surveyed at purchase either.

So do I send a registered letter with GIS map and ask fence and gate (at end of county road) to be moved, but allow access/offer easement? Or just have it surveyed and if I'm correct deny/give 30 days access until proof of easement/renumeration occurs.

In Iowa if the fence has been there 10 years uncontested that’s the property line.

 

[ddowning]

In Iowa if the fence has been there 10 years uncontested that’s the property line.

Yep, lost a piece of my property by acquiesce. I believed a well meaning young realtor when we bought it. It was the first time I bought land and it is very irregularly shaped. Once I figured out where the actual lines where drawn (one line is supposed to be straight but is dog-legged in 2 places) I went and found the law. I went back 10 years on aerial photos and the crops where planted on the property at that time in the same place. When I bought the property the fence was gone/in shambles, but it had been in use by the neighbor for >10 years. I never even pursued it and chalked it up to a learning experience. Thankfully, we're talking about only a 1/4 acre of 30 acres, so not really a big deal.

 

[Pony Soldier]

On my old place the sub- dividers put in corners but since the section had never been surveyed, they avoided the cost by just making do.

When I bought this place, I split the cost of the survey with the seller. On the piece that was added, the seller paid for the survey. I built and maintain the fence and the corners. I even pounded a piece of rebar in next to the corner but completely underground so I can located it with a metal detector if the corner disappears.

As I built the fence, the surveyor moved the corner twice. Once after I had the corner post in. They aren't all created equal. It never hurts to put in reference points to the corner on your land, with distance and bearing to the corner. Especially if you have questionable neighbors.

Remember - Good fences make good neighbors. Bad fences fund lawyers.

 

[Divide93]

Should not be an issue of what to do. Survey most ricky tick!

 

[McFarmer]

Prescriptive easements in Colorado abide by the 18 year rule and must be listed on the title/deed. However, like the other stated, you are dead in the water until you get a survey