True property lines versus existing fences

[CMP70306]

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.

Our friend had 45 acres stolen from them over a survey mistake in 1827 despite multiple surveys since and the plaintiff in the case posting both side of the existing line for decades first when they leased our friend’s property and then again when they bought the farm next door. Also conveniently they no longer had any maps showing the lines despite multiple people saying they existed before the lawsuit. It’s the most ridiculous case I’ve heard as one line was moved and the judge ruled against our friend who had to give up 45 acres but turned around and ruled in favor of the several smaller properties because they would lose their clean and green status resulting in significant back taxes.

Here in PA that’s about $250,000 worth of dirt and they tried to get 100 acres but only got a bit less than half.

It’s really a fairly simple solution.

Don’t hunt fence lines.

Except it’s not that simple at all, animals don’t read boundary lines and sometimes the best place to hunt at that moment is on the line.

 

[Charlie-NY]

MY buddy inherited an old home and a few acres of land. It had been in the family for over 100 years. The boundary line was believed to be a rock wall that ran alongside the house. We used the house as a hunting cabin and only went there a few times/year to maintain the property. The neighboring property sold and a new survey was done.

The new survey showed that the line actually passed through the side of the house. The new adjacent owner was a good guy and realized the dilemma that this caused. He subdivided the land and gave about 20ft to my buddy so that there would be no future problems.

There are still some good people in this world.

 

[cnelk]

Except it’s not that simple at all, animals don’t read boundary lines and sometimes the best place to hunt at that moment is on the line.

Go for it.
So many other better places to hunt than staring at a fence

 

[Steve300xcw]

I'd be a bit shy of hunting that close to a property line to be honest. Just no real reason to push things.

Also wouldnt be trying to force the issue on land that I was a guest on...

 

[steelheadmike]

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.

You're probably smart about just keeping your nose about it.

But, the landowners should at the very least sign a written agreement (and have it notarized) that basically says they are both aware that the fence is not the boundary and that the boundary is the deeded property line.

Handshake/cold beer agreements are fine and good, for a while. Years down the road, they end up being the root of many very expensive legal issues...when it comes to land issue, recorded instruments are key.

 

[Reburn]

Personally I think you should respect the fence as the property line. The actual property line is a conversation for the owners. As a guest I would do everything in my power to make sure to stay in the right and not cause a dispute.

 

[jayhawk]

Honestly man, I’ve rethought this.
You have a private ranch to hunt in Colorado. The situation you came up with is purely hypothetical.
Just let this go and count your blessings.

 

[Bluumoon]

CO, I would move the fence or put some markers in. When I bought my current property I told the neighbor he was using my property to access his with no easement, his response was “no sir, there’s the fence”… He was old and grumpy, I wasn’t ready to pay for survey, and I had a few years before he could claim possession.

Fast forward, grumpy old man dies, property up for sale and I inform sales agent they don’t have access. Property pin clearly shows “their gate” is my gate.

Potential buyer reaches out ( via agent who is a buddy) and I agree the we can find an amenable agreement. Random phone call between us a few weeks ago and he asks if “you could hunt anything what would it be?”, he was walking into SCI.


Quick decision was Brown Bear, he’s got me booked for fall 2027 peninsula BB. Seemed fair..

 

[earrow]

lots of our fence is on both sides of the property line we just stay on our side of the fence good neighbors are worth more than any critter

 

[CMP70306]

Go for it.
So many other better places to hunt than staring at a fence

I hunt in PA and we have small parcels with weird shapes, if we excluded the area within 50 yards of a property line we cut out roughly 25% of our available land. And since 2 properties we hunt are actually 7 different parcels that’s even more property lines and would be a further reduction in available area.

Not only that but it excludes a number of our best stands as deer travel habitat edges and many times the property lines are the exact edge habitat deer love. Just looking back almost half the big game I’ve shot has been within 50 yards of a property line though in some cases we owned or had permission to hunt both sides.

 

[cnelk]

We’re talking elk hunting on this thread. Not whitetail hunting
Catch up

 

[brca005]

Personally I think you should respect the fence as the property line. The actual property line is a conversation for the owners. As a guest I would do everything in my power to make sure to stay in the right and not cause a dispute.

Honestly man, I’ve rethought this.
You have a private ranch to hunt in Colorado. The situation you came up with is purely hypothetical.
Just let this go and count your blessings.

I'm with these guys, not your land, not your problem and respect the fence as the property line not to cause any issues with either landowner. Enjoy being able to hunt the land.

Growing up, we had some land and the neighbors had a handful of stands on the property lines, we just accepted the fact that is how it is with them. They were good neighbors, so there wasn't really an issue, we had the verbal agreement of if a wounded deer crossed over to go get it. We looked out for each other during hunting seasons, we knew what they drove and vice versa so if there was a vehicle parked on the side of the road that wasn't familiar we let each other know. The land has since been sold to them.

 

[Bendpause]

I've run into similar issues with fence lines and boundaries. In Iowa, it's common for farmers to adjust fences for convenience, but proving property tax payment for 10 years can be a challenge. And yeah, state and federal lands are a whole different ball game.

You're right about the right-hand rule in Iowa -that's a handy thing to know. And CO's got its own set of issues with FS mistakes, like that fence being off due to magnetic vs map north. Sounds like everyone's avoiding the headache of dealing with FS over it, though.