Fence and Boundry Issue

[konacoffee]

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

I have a piece of property that we recently had surveyed and of course it is pinned all around. The surveyor said that it looks like there is about a 5 foot section between the back of the property line and the adjoining property. I told the adjoining property owner this and after talking to his surveyor he had come to the same conclusion. Ok since then I have begun to put up a fence on my property planning to just leave that 5 foot section as some sort of easement of some kind to have access to maintain my fence. After I got all my posts up the adjoining property owner came in and drove fence post right next to my pins and proceeded to put up a barbed wire fence down the fence row. This doesn’t leave me any room to finish my fence. So my question is what would be the logical next step? How would those land issues be handled and can someone are put up a fence that doesn’t give you any access to maintaining your fence?

Thanks for any advice you can give.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[Kiawah]

Who does the county show as the owner of that 5 foot chunk of property, and is paying property tax on it?

Or, are you suggesting that there is somehow an error made on the deeds when the property was originally subdivided?

[konacoffee]

I will have to go pull that from the county. This is a very rural area so I will have to head to the courthouse. Ill post after I look into that part.

[trespassee]

According to our town zoning inspector you can go right up to the property line with a fence that is less than 6 feet high. Or set it five feet inside the property if the fence is 6 feet. But if there are no local ordinances I would assume he can go right up to the line.

Good job, and excellent decision getting the surveyor BTW. I hired one for my property and found out that the yard was smaller than comparative guessing and "mow lines" would indicate. Put the fence on the real property line and the next year the city decided to put a road next to my house. I ended up being one of the few on that edge of the subdivision to not have my fence removed by the city. Although the *******s did take my cherry tree, but the birds were probably madder about that than me

[TinkerBelleLuvr]

OP - where exactly did the neighbour put his barbed wire fence? Why isn't there a fence so that you can access the other side of your fence without going onto someone else's property?

Or are you saying the neighbour put the barbed wire fence on YOUR property?