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fence boundaries

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RobinRose

Junior Member
What is the name of your state? live in OK...own land in AR

Several years ago bought 40 acres of land in AR. Three boundaries of my land is fenced and on correct boundary line. One side is partially fenced. The people I bought the land from said the boundary on the partially fenced line was not correct. The fence was not in the correct place.

Apart of our contract when purchasing this property was to have the land surveyed. The survey shows the partially fenced boundary should be 20 feet into the neighboring 40 acres.

I have owned the land for three years and not done anything to the fence line. The land next to mine was recently sold and the new owner began putting up a fence. I showed him the marker the surveyor place where the actual fence line should be and offered to pay half of the new fence. The new neighbor said there was no way the marker was correct and the old fence line was the actual fence boundary

Well, I was gone for the weekend and my neighbor put up the fence. He lined it with the old fence and connected it to the old fence that runs partially along our lands.

Sunday I called the surveyor at home. First thing today he sent his crew out and resurveyed to make sure everything was correct. His crew even went 1 mile out farther to other land marks to make sure the survey was correct. Sure enough the survey is correct.

Neighbor showed up today and I went and told him what I had done and that we needed to move his fence line. He said he lived here for 30 years and the old fence line was always the boundary. Now he has put cows out in his 40 acres and it does not appear he will move the fence line the 20 feet over to correct this boundary.

I need suggestions on what to do from here???
 


BelizeBreeze

Senior Member
Please remove your post and start a new thread. You have hijacked someone else's thread and that is not the way to get your answered.
 

BelizeBreeze

Senior Member
You need to hire a real estate attorney and sue him for tresspass and to remove his fence to it's proper location.

He is attempting adverse possession however, since he did not assert that right before the land was sold, he gave up all rights to AP and the clock began tolling anew.
 

Selchie

Junior Member
Sorry

Sorry BelizeBreeze... I'm new to this and just realized that I did this. Clever the term... hijacking a thread. Sorry.

Edit:
I got confused on where I should place my comment and I put it in the wrong place at first. So, I deleted my thread and moved it to a new post, "Old Line -vs- Surveyed Line"... like I should have in the first place.

Sorry for any confusions :eek:
 
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STMN

Member
I don't know how to post a reply to a specific person, but this is directed to BelizeBreeze.

Thanks for answering a question for me that I had in mind about our own property (i.e. if it takes 10 years in Washington to claim adverse possession, and we sell in 8 years, our neighbor would have to wait to claim the 3 inches of our property outside our newly erected fence).

Thank you!

edited to add: if I am understanding correctly what you wrote.
 
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STMN

Member
Homeguru:

"huh?........."


I was responding to BelizeBreeze's post (#3), the information in it was helpful to me. I still have a way to go in figuring out how to respond to a specific post.

edited for clarification
 

RobinRose

Junior Member
BelizeBreeze said:
You need to hire a real estate attorney and sue him for tresspass and to remove his fence to it's proper location.

He is attempting adverse possession however, since he did not assert that right before the land was sold, he gave up all rights to AP and the clock began tolling anew.
Thank you BelizeBreeze for responding to my question. I made some calls to find attorney in Arkansas. There is not one in this immediate area and I don't want to hire someone from OK because it would cost more.

I spoke with our neighbor yesterday and he is in totaly refusal to change fence. The survey company told him they were 100% confident the survey was correct. So this guy is now saying to the survey company and to myself that they did the survey wrong because they did not do it with chains. He is related to the man who formerly own this property. Not the people I bought the place from. Anyway, he said this man told him that his father survey this place with chains and that the survey we had done at closing of buying this place is incorrect and also why the partial fence that was existing when we bought this place is where it is at.

Do you know of any real estate attorney's in Arkansas???
 

RobinRose

Junior Member
Can anyone tell me what Arkansas laws apply to my post.
Our neighbor put up a fence on our land that was previously surveyed. He is 20 feet into our land for one mile.
Please help me.
Robin
 

HomeGuru

Senior Member
RobinRose said:
Can anyone tell me what Arkansas laws apply to my post.
Our neighbor put up a fence on our land that was previously surveyed. He is 20 feet into our land for one mile.
Please help me.
Robin

**A: BB already gave you the answer.
 

BelizeBreeze

Senior Member
And if you are south of Mena, go to Texarkana. If north then to Ft. Smith. You don't have to hire an attorney in your city and/or county.

But you CANNOT go to Oklahoma.

If you are north of Ft. Smith, there are a number of good attorneys in Fayetteville, Bentonville and even a few in Springdale.

It's not Rocket Science.
 

RobinRose

Junior Member
unlawful attempt

I don't see where my question was so offensive. Like I said earlier, I am from Oklahoma and have property in Arkansas. So I know Oklahoma attorneys, but none in AR so I did not think it would be so out of line to ask you if you KNEW one that you might recommend to me.

With all that said, Thank you for your help and best wishes to ya.
Robin
 

RobinRose

Junior Member
RobinRose said:
Can anyone tell me what Arkansas laws apply to my post.
Our neighbor put up a fence on our land that was previously surveyed. He is 20 feet into our land for one mile.
Please help me.
Robin
[/QUOTE

Still would like someon to give me the Arkansas law on my situation.
 

BelizeBreeze

Senior Member
RobinRose said:
RobinRose said:
Can anyone tell me what Arkansas laws apply to my post.
Our neighbor put up a fence on our land that was previously surveyed. He is 20 feet into our land for one mile.
Please help me.
Robin
[/QUOTE

Still would like someon to give me the Arkansas law on my situation.
Listen. I have given you the answer and places to look. We are not going to recommend anyone to you because that's not the purpose of these forums. And the attorneys here are NOT allowed to solicit business.

There is a link above each of these thread to search for an attorney who practices in the specific area you need and the state you need.

I have property in Arkansas and that's why I directed you to the four areas closest to the Oklahoma border. More no one can do.

And telling you the Arkansas Statute won't help. You are not an attorney and it would be like giving a court jester a loaded canon.

Now, again, hire an Arkansas Real Estate attorney to sue for tresspass and recovery of your land. That's it.
 
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