If the fence has been there 20 years, let me educate you about how you are ten years too late?
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I would need a survey to prove the fence line was on the actual property line and not just an animal restraint.
[Edit] Unless the fence was called out in the original description....
If the fence has been there 20 years...
...you will need to hire an Attorney to prove that you've met all the requirements for AP.
Get out your check book
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Why would you not need a survey? The fence won't be there (at least in the same place) in 100 years.?ÿ
If both owners "choose" to honor a fence there needs to be a record of that agreement and a survey to show where that boundary is. In some jurisdictions a survey will even be required by law to show the change in boundary from the previous description.
A survey will also be required when an area for the parcel is required.
If only one land owner chooses to honor the fence there are a few more steps required?ÿ before a survey.?ÿ
Here's an interesting fact about Oklahoma law:
There is a statute on the books that acknowledges the conditions that allow for an 'easement' for a fence that is not upon, or entirely upon either the property or boundary itself.?ÿ This statutes verbiage it's for allowing maintenance by the "owner".?ÿ
found this a few years ago and put together a class on this subject.?ÿ I changed topics and the subject research occupies a folder somewhere.?ÿ I cannot come up with the statute but have fervently looked for it from time to time.?ÿ Simply because I was so interested if anyone had ever used it in an AP case, for either the plaintiff or defense.?ÿ But my research stopped when I had to come up with a different subject for the seminar.?ÿ
If I ever come across it I will surely post it.?ÿ
If the fence has been there 20 years, let me educate you about how you are ten years too late?
Not so in CA.
Bryant (1994)announced a new rule where in order to prove a subjective boundary (for example, a fence of unknown origin) direct evidence of mutual uncertainty and direct evidence of agreement is required. Prior to Bryant Courts could infer mutual uncertainty and agreement in subjective cases, they still can in objective cases (for example, reliance on an old survey). All the other elements are still in place. I have found about 5 appellate level cases that met the Bryant standard and ruled the fence is the boundary. It is unknown how many cases not appealed met the standard.
I am not a fan of Justice George who wrote the Bryant opinion. His opinions tend to be voluminous, rambling and hard to follow. Justice Mosk??s dissent explains the majority opinion a lot better than Justice George did, ironically. Justice George??s statement that the agreed boundary doctrine is a residual doctrine used as a last resort is completely contrary to the history of the doctrine which is the very heart and soul of boundary law in California.
Going to have a serious discussion with a client tomorrow.?ÿ Today, we discovered his west line falls from 15' to 30' west of a fence for no good reason.?ÿ That adjoiner has a deed for the West 416 feet of the Northeast Quarter of the Northwest Quarter.?ÿ To be off by such a huge amount in such a short distance is bizarre.
Sounds like the fence might be just a fence...........
Sounds like the fence might be just a fence...........
Sure, if you hire Freud & Associates; but my consultant, Jung Land Surveying, is of the professional opinion that the fence is part of the collective subconscious.?ÿ?ÿ
@jim-frame Not in Louisiana either.
I don't think it's that simple anywhere.?ÿ
If you choose..... Not really. If you chose long enough ago you are still bound. Repose is built into law. Despite all efforts to eliminate it it keeps showing up. Even though a survey may show otherwise.?ÿ
False. Long standing (more than twenty years) fences may be taken to indicate boundaries against highways or other land that otherwise have no monuments, and are not documented or evidenced in any other way. In other words as a last resort.
Besides, what if the fence builder was following the quaint advice that the fence should be made two, four or even eight feet from the boundary? Can the town's "fence viewers" be called to help evaluate, and make the determination?
There are numerous Oregon cases which state that - paraphrasing - sometimes a fence is intended to mark a boundary, and sometimes it is simply to restrain livestock, pets, or frolicking children. A fence may be used to help resolve an ambiguous description, but if the description can be marked out on the ground without employing parol evidence then the description holds. Accepting a fence as a boundary in conflict with a description is to declare a boundary by unwritten agreement - it is unlikely that such a claim would hold up in court if the description is unambiguous.?ÿ ?ÿ
A fence may mark the limits of possession in AP.?ÿ In such cases the surveyor has a lot of other hurdles to overcome before accepting the fence as a boundary.?ÿ ?ÿ ?ÿ?ÿ
