Posted by John T Country Lawyer on November 19, 2019 at 06:37:53 from (174.240.12.14):
In Reply to: Fence lines posted by Farmallboy15 on November 18, 2019 at 14:11:12:
Just FYI a surveyors report in some states is typically only legally considered as an EXPERT OPINION. Subject to certain "Legal Survey" statutes in some states, it can take a Court of law to set the boundary given a dispute. That being said, at common law in many states where old "fence lines" were treated as and considered the boundary between adjoining landowners for several years (similar to Adverse Possession) THAT AND NOT a survey can over time (given certain conditions) ripen into the boundary. I bought and sold several farms and each time I had them surveyed to existing for years maintained treated as boundary fence lines I may have lost acreage or gained acreage, it was NEVER the same acres as the Deed stated.
NOTE there can be risk to a landowner who voluntarily moves a fence and years go by and that new fence is treated as and considered the "boundary".
SO to answer part of your question, BEFORE you cut trees or move the fence you may want to consider that below:
DISCLAIMER different states have different laws so CONSULT A LOCAL REAL ESTATE ATTORNEY and DO NOT bet the farm on lay opinions or even professional until all the facts and the States laws have been thoroughly researched. What may have worked for Billy Bob in State A may be the opposite for Bubba in State B.
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