Adverse possession problem (maybe)

[Wartrace]

What is the name of your state (only U.S. law)? Tennessee

Three years ago a neighbor that owns an adjoining property put up a cattle fence in a wooded gulch. He claimed his intention was to put his cows on it to keep it clean and he was attempting to sell the property at the time. He has since sold his farm across the road and disappeared. I could only see one corner of the fence from my property and I knew it was on my land but never worried about it until I heard about "Adverse possession".

I decided to take a close look at the fence and borrowed a tape to verify the lines. It turns out he is 50 feet on my side of the line where I can see the fence and almost 100 feet over the line deeper in the woods. He did not have a survey done when he put up the fence, he just "walked it off" and I guess he might have been overly generous with himself.

Although I knew the fence was on my property at the time the land is not valuable- it is a drainage gulch. I didn't mind at the time if he put his cows on it since it would have kept the underbrush down. Now that I know that he might claim the land I need to do something about this but I have a few questions.

1) Do fence POSTS constitute "fencing" in regards to adverse possession? Many trees have fallen across the fence in the past three years and cut the wires. Some of the wires are still there but it would not serve as an effective "Fence".

2) If I decide to remove the fence what liability do I have? This is not a slight error in the location of the property line, it is clearly on my property. He could sue me for removing the fence even if it is on my property or not?

3) If I can not touch the fence what is the cheapest way to protect myself from adverse possession? Hiring a surveyor is just going to tell me what I already know- the fence is on my land. I do not intend to move the fence to its correct location so it is pointless to get a survey (in my opinion).

4) Would contacting a real estate lawyer be worth it? I don't even know how to contact this neighbor, I haven't seen him for years. What would the lawyer do for me?

What if I just took down the fence after documenting its current location and if this guy comes back he can sue me. I assume he would have to prove the fence was on HIS property in order to have a case? What if I just cut the wires and left the posts up? Is that considered a "fence" for the purposes of adverse possession or is it just posts?

 

[OHRoadwarrior]

Get a writing that you both agree to ownership and your letting him use your property.

 

[latigo]

What is the name of your state (only U.S. law)? Tennessee

Three years ago a neighbor that owns an adjoining property put up a cattle fence in a wooded gulch. He claimed his intention was to put his cows on it to keep it clean and he was attempting to sell the property at the time. He has since sold his farm across the road and disappeared. I could only see one corner of the fence from my property and I knew it was on my land but never worried about it until I heard about "Adverse possession".

I decided to take a close look at the fence and borrowed a tape to verify the lines. It turns out he is 50 feet on my side of the line where I can see the fence and almost 100 feet over the line deeper in the woods. He did not have a survey done when he put up the fence, he just "walked it off" and I guess he might have been overly generous with himself.

Although I knew the fence was on my property at the time the land is not valuable- it is a drainage gulch. I didn't mind at the time if he put his cows on it since it would have kept the underbrush down. Now that I know that he might claim the land I need to do something about this but I have a few questions.

1) Do fence POSTS constitute "fencing" in regards to adverse possession? Many trees have fallen across the fence in the past three years and cut the wires. Some of the wires are still there but it would not serve as an effective "Fence".

2) If I decide to remove the fence what liability do I have? This is not a slight error in the location of the property line, it is clearly on my property. He could sue me for removing the fence even if it is on my property or not?

3) If I can not touch the fence what is the cheapest way to protect myself from adverse possession? Hiring a surveyor is just going to tell me what I already know- the fence is on my land. I do not intend to move the fence to its correct location so it is pointless to get a survey (in my opinion).

4) Would contacting a real estate lawyer be worth it? I don't even know how to contact this neighbor, I haven't seen him for years. What would the lawyer do for me?

What if I just took down the fence after documenting its current location and if this guy comes back he can sue me. I assume he would have to prove the fence was on HIS property in order to have a case? What if I just cut the wires and left the posts up? Is that considered a "fence" for the purposes of adverse possession or is it just posts?

The neighbor’s use and activity respecting the ground in question does not pose a threat to your title.

Without having a document on record purporting to give him title, he could not assert a legal claim to the ground short of 20 years.

And during that 20 year period his possession would need to be continuous, uninterrupted, open, notorious and hostile to all others; actual in that he has exercised physical dominance; and proof that he has paid all taxes and assessments levied against the ground for that 20 year span. See: Tennessee Code Section 28-2-101 et seq.

Also, one can never claim title by adverse possession where the possession is subordinate or consensual. So you might consider having your attorney prepare a simple agreement giving him the right to use the ground for a specified purpose and period. And require that he pay the attorney’s fees.

If he refuses to so agree, then insist that he remove the fencing and his stinking cows.

 

[LdiJ]

I say just take the fence down. If he has since sold his farm across the road and disappeared, there is no one who can viably object to you removing a broken down fence that is on your property.