I bet the number of fences that are right on ..............

"McKie didn’t notice the problem with his property until he commissioned a survey after he purchased the home."

That was his problem. Need to get these things resolved BEFORE you buy it. It's called Due Diligence people!

Ditto Dan....but the ones who promote....

not getting the survey are the realtors. It's been said too many times the cost is too much and not needed.

Edit: of course this is only my experience.

After 10 yrs, the fence is the property line and the description is inaccurate. With allodial land here in the US, you own what you occupy and control, not necessarily what is described. When the fence was placed 10 yrs ago, either of the adjoiners were obligated to object if it did not mark the property line; if nobody affected objected, the legal presumption is that they agreed.

There is no theft of land involved, this is one of the conditions refered to in the definition of alienation, remember?

Alienation
In real property law, the transfer of the property and possession of lands, tenaments, or other things, from one person to another. The term is particularly applied to absolute conveyances of real property. The voluntary and complete transfer from one person to another. Disposition by will. Every mode of passing realty by the act of the party, as distinguished from passing it by the operation of law. See also Restraint on alienation.

Restraint on Alienation
A provision in an instrument of conveyance which prohibits the grantee from selling or transfering the property which is the subject of the conveyance. Most such restraints are unenforceable as against public policy and the law's policy of free alienability of land. See restrictive covenant.

Richard Schaut

Richard, things are never that cut and clear.

Good thing in this day & age,
"surveyors can rely on exacting technology like GPS to determine boundary lines." Easy as that 😉