Re: Building fence on property line

Posted by Jerry/MT on November 07, 2004 at 13:40:07 from (206.183.120.222):

In Reply to: Building fence on property line posted by Leland on November 06, 2004 at 15:36:49:

Leland,

We bought our small ranch property three years ago and part of county requirements imposed on the Sellers was that the parcel be surveyed.(From my point of view, I would have required a survey even if the county didn't require it because absolutely no one on God's green earth can look at a parcel of ground and tell you its projected area.)As I suspected, none of the broken down fences was on the property lines . Some expanded the purchased area enclosed by the fences and some decreased it, but overall, the area increased. Prior to closing, I called all of the neighbors affected and told them that I intended to refence to the surveyed boundaries and would like there help in doing so. Only one person questioned the survey but nobody was ornery about it so I went ahead with the purchase. Now there are laws regarding adverse possession in every state and the neighbors could have claimed the land by that principal since the land was in that configuration since Hector was a pup. If that happened (or happens), my recourse is to go back to the Seller for relief. To date, my neighbors have been supportive of my position and I don't believe that I will have any problems.
I gather you haven't bought the place yet so there are several things you can do BEFORE you sign the contract. I guess the best advice I can give is to talk to the neighbor who owns the land and tell him/her what your plans are. Invite them to help you with the fence . They may not be in a financial situation where they can help you put in the new fence (that's been my case for the most part) but if he/she is a fair minded person they will not fight you over it. If they're not fair minded and want a fight, maybe you should look at another piece of propery, or tell the seller about the issue and let them deal with it. The seller might have to reduce the selling acreage and thus the selling price, but you won't have a fight on your hands.
Good Luck.

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