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I have a small piece of property (12 acres) in rural Tennessee. The lot next to mine is four acres and vacant and is owned by a guy that used to own the farm across the road. He had cattle on the property across the road and three years ago he fenced off the four acre lot he owns with the intention of using the cattle to clean it up.
Two years ago he found a buyer for the farm and no longer owns it. He never used the four acres for anything - never brought cows over although he has stored some junk up near the road. I have not seen him since the farm sold.
I noticed the fence is clearly encroaching on my property by about 20 feet. I have a survey map that shows the line to be 148 feet from the road and the fence he put up is 160 feet from the road. It runs through a heavily wooded gulch that is not suitable for anything but drainage. When he built the fence he just paced off where HE thought the line was.
Since the fence was built trees have fallen across it and it really couldn't be used as a livestock fence. I am worried that if I continue to allow this fence to stand he might be able to claim the property through adverse possession.
I am thinking about going out there and removing the clearly offending section of the fence. I don't think I should have to hire a surveyor to measure it when it is so clearly over the line.
Since the fence is on my land and I do not want it there I feel I should be able to dispose of it. The guy has an unlisted phone number and I don't know how to contact him. If he gets upset about my removal of the fence HE can hire a surveyor to prove the fence was on his land and sue me for damages found correct.
Any ideas? Does a broken down cattle fence constitute adverse possession?
You should have a letter sent to the landowner's mailing address which should be available through you county tax appraiser's office/internet site before doing anything. I think you should discuss the situation with a real estate attorney before doing anything to the property. I understand your instinct because the fence is on your property, but you should check your legal options before doing anything to the fence. A little planning ahead of time will save you a lot of headache.
Any ideas? Does a broken down cattle fence constitute adverse possession?
It could...but it all depends on state law. Generally, it takes quite a while before any adverse possession claim can be filed with a court. In Michigan, I believe it's about 13 years, but a number of other conditions need to be met, too. It's usually an involved process. Look into the specifications of your state law--perhaps you can find it online.
As the other poster mentioned, you should try to contact the landowner as best you can. Even send a certified letter, along with a first-class postage letter. Keep copies of all of your attempted correspondence. After you research your state law, if you don't hear from him and still feel compelled to take down the fence (seeking legal advice wouldn't hurt), make sure to save all of the material and offer to help him re-install it on the correct surveyed property line. (Try to imagine how you would react if it were the other way around.)
If good fences make good neighbors, I suppose bad fences can create the opposite. Try to be a good neighbor and be reasonable.
1. You don't REALLY know where the property line is until you have a surveyor put in markers.
2. If it's really infringing on your property, and there is significant value at issue, you will want a lawyer.
3. My understanding (as a non-lawyer) is that there is one way to prevent a claim of adverse possession: that is to formally give permission for the infringing use. With the provision that it can be withdrawn at a future date.
I went over to my neighbors house up the road and asked to borrow his tape measure (He has one designed for distance).
My survey map shows the line starting at 148 feet from the road. I measured to where this guy put up the fence and it is 200 feet from the road. Even giving him the benefit of the doubt it is clear this fence encroaches well onto my property. This is not a "slight error" it is 50 feet. Why should I have to pay anything to prevent my land from being stolen? I am not going to move the fence to the property line so there is no need for a survey. I am going to remove it entirely to protect my rights.
My measurement also correlates with the aerial picture of the property lines provided by the county tax assesor . We are not talking about a slight dispute over the exact property line- this is an overt act to grab my land.
What is your opinion of the OP sending a registered letter to the offender notifying him of such and awaiting his reply?
I do not see it doing any harm and might just open a discussion that arrives at a settlement before spending money on attorney fees.
I would send a letter stating "hey you put a fence on my property. You have until such and such date to move it back onto your property or I will remove it." Of course, I would say it nicely.
I'm not a fan of the wait for a reply because if the neighbor is jerk, they will just ignore the OP.
Actually, the best time to have made a stink about the fence was when it was initially put there. Having said that, further delay will create more problems. You DO need an attorney and a surveyor. At the very least, you need to have the property surveyed in order to prove that you have the right to remove the fence.
The information on Tennessee's Adverse possession laws are found in title 28, Chapter 2, section 102 etc. Section 101 applies to land originally deeded by either the state of TN or NC.
The statute of limitations is a short 7 years in TN - many other states have a much longer period.
The standard definition of adverse possession is the "use" which is continuous, open, and notorious. Fencing off would be covered.
An initial LOW COST consultation with an attorney is available through the Lawyer Referral Program of the state or your local Bar Association.
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