Does a fence define a property?

[gerta]

Indiana.

We live in an old neighborhood and our property had no survey stakes nor a detailed survey on file at town hall. We paid for a staked survey, which shows our property extends a few feet beyond our fence line one one side and in the back. However, our neighbor thinks he owns the property up to the fence and that the fence "grandfathers" him in despite the survey lines.

The electric company is moving a utility pole for us. I'd like it in the corner of our lot, outside the fence line but within the property line defined by our stakes. Is there any problem with this, despite the neighbor's objections? Obviously we'll get a lawyer if the neighbor raises a big stink, but I'll avoid the conflict if I'm patently in the wrong here.

Thanks for any feedback.

 

[ErinGoBragh]

A fence is not necessarily indicative of the properly line.

If you own those few feet of the land and pay taxes on it, you should be able to put the pole on your property. However, if the neighbor has been caring for the land/paying taxes on it, he may have a claim for adverse possession.