True property lines versus existing fences

[Bluefish]

Had a coworker who had to deal with this in CO. New next door owner resurveyed the property that was developed in the 60’s. Found the property line was off by 10 ft as the survey of the development was off. Had a fence at the original survey line, went to court and had to move it 10 ft closer to coworkers house as that was the correct location even though it had been at the original survey forever. So even though the property line had been at one location based on the original survey and maintained by the parties the new survey overruled it. The moral, know your states laws.

 

[BluMtn]

When reading about the price of those cows I had to look at the posting dates. I thought this was an old post that got revived. If you are buying cows for those prices send me a PM with the guys name that is selling them.

 

[heavyhorns]

Likely within your rights but playing with fire. I'm assuming the fence was put there intentionally because terrain was easier to deal with. If I was your landowner I would drive some t posts along the boundary every so often to mark it and obviously the neighbor would acknowledge that as well. Try to remove the gray. Had a similar scenario in Colorado a couple years ago where a fence encroached into national forest. OnX and GoHunt both showed I was good to go to shoot. I took it a step further and called game and fish to confirm. They told me in that area property lines were not exactly correct. I passed. Glad it wasn't a giant.

 

[5MilesBack]

When reading about the price of those cows I had to look at the posting dates. I thought this was an old post that got revived. If you are buying cows for those prices send me a PM with the guys name that is selling them.

They might be miniature cows.

 

[Laelkhunter]

Property lines and fencelines can be tricky especially if they have been there for decades. I am wondering if a trip to the county assessor's office might reveal a sale of that part of the ranch?? Probably not since the owners didn't mention it. I certainly would not base my fight on the On X lines on their app. They have been known to be a "little off" in several situations I have read about on hunting forums. I remember reading that On X had property marked as private but was actually US parks & wildlife areas that were supposed to be available and accessible to the public. And the case where some property owner had a gate put across a road that was on public land trying to prevent access by the public.

 

[jayhawk]

What did the landowner say? You should ask them how to handle that situation

 

[Pulleye16]

It's definitely not that simple. It's also not OP's land.

It can be that simple. Is the neighboring property AG land? if so, is he farming the disputed land? Does the neighbor have any structures on the land?

If no to all those, its really that simple as putting up markers...if he chooses.

And fyi...OnX and alike are not "certified" mapping programs. Even Beacon/GIS websites are not official.

 

[Hunter26]

Yeah, this sounds like a battle for the land owner if they choose to have it. I don't think you have any ability to do anything as you aren't the land owner. You either convince them to do something or just keep doing what you are doing. My guess is adverse possession could be a real problem from the sounds of how long they have owned the property. My assumption is that fence has been there a long time and thus there is a good chance the people you have access on don't own that land anymore.

 

[LongWayAround]

It can be that simple. Is the neighboring property AG land? if so, is he farming the disputed land? Does the neighbor have any structures on the land?

If no to all those, its really that simple as putting up markers...if he chooses.

And fyi...OnX and alike are not "certified" mapping programs. Even Beacon/GIS websites are not official.

I spent almost ten of the last eleven years as a field surveyor. Boundary is complicated.

We don't have any information about what kind of survey the property owner had done. We don't know the legal description of either property. It's possible the neighbor's survey may show the fence in the correct location. It's possible that the fenceline begins on the correct line and diverges over distance. Is the disputed swath 1/8, 1/4, 1/2, or 1 mile?

There is not enough information here to make those determinations.

I am well versed in the line work shown on apps like OnX.

So no, it's not as simple as going out and pounding some posts.

Every guy who knows a guy that disputed a property line thinks they're an expert in legal boundaries. The more you actually know about it, the more you realize the nuances.

 

[strousek]

The property survey should show the property lines as well as landmarks like the fence. I have this issue on my property where the existing fences aren't on the property lines. I think this is because whoever fenced this in the past didn't want to deal with some rocks so they moved the lines to avoid a couple outcroppings. The solid lines on the snapshot below are the property lines and the X lines are the fences. They are noted on our deed to be off as well. Get a copy of the survey and see if it shows this.

 

[Weldor]

Bluefish is right, know your state,county laws. I just sold my place where the easement road and original ranch road were off by 15 ft. ( has been that way since they sold and divided the ranch in the early 80's)The neighbor (new from Cal.) said he owned 10-15 on my easement side. He found out what the term Passive possession and adverse possession meant. He also had to pay my legal fees. Be careful when dealing with boundries. My old cattle pen cost him dearly.

 

[SDHNTR]

Interesting conversation. These are good old boys. Agreements are made over a handshake and a cold beer. I respect that. The last thing I want to do as a guest is cause drama. No animal is worth upsetting relationships and losing access. I would never rock the boat.

It has also happened where animals have been shot on our side of the fence, jumped over and then died on the neighbors side. The mutual agreement is: If you can see it dead and can go right to it, hop over and go get it. If not and you need to blood trail or go searching for it, call first before you go wandering around and ruin someone else’s hunt on the other side.

In this case both landowners have always been amicable and they haven’t had any need for a formal agreement. It works for them.

I was just wondering what the law says. I wasn’t asking what should or shouldn’t be done or how to rectify the situation. I was just curious what the law would say if there was an actual dispute or if the two landowners didn’t have a working relationship.

 

[Bachto]

It's definitely not that simple. It's also not OP's land.

Agree. Property line disputes are incredibly nuanced and can be complicated depending on the state. I have no idea about CO. Here in WA it's 10 years plus it has to be obvious and some other qualifiers.

 

[Chris in TN]

Every guy who knows a guy that disputed a property line thinks they're an expert in legal boundaries. The more you actually know about it, the more you realize the nuances.

I work part time with a surveyor and have worked in adjacent fields for a long time. This is true^^.

There's no real pat answer.

Interesting conversation. These are good old boys. Agreements are made over a handshake and a cold beer. I respect that. The last thing I want to do as a guest is cause drama. No animal is worth upsetting relationships and losing access. I would never rock the boat.

Wise course of action.

 

[hikenhunt]

Local and state law is very important here. From my experience, the surveyed property line is the legal property line until action is taken (adverse possession) by the other party. Adverse possession has specific requirements in my state, which might make it not possible for the other party.

One big question that I don't think I've seen the answer to: Who installed the fence?