I own rural property in INDIANA. The Legal description for one of my tracts is described as the "West Half of the Southwest Quarter" of a section of land. My Neighbor's Legal description is the "East Half of the Southwest Quarter".
Remnants of an old fence are evident in the general area that would be considered to be the split line between the East / West half. When the fence was installed many years ago it appears the builder's priority was to ensure maximum durability to contain livestock by following ridge tops and stay off of steep hillsides. As a result the fence zig zags back and forth along it's path and in some places strays up to a couple hundred feet both East and West of the true section centerline. The entire area is now a mature forest and has not contained livestock in over 25 years. Neither myself or my neighbor have maintained this fence. In some places it is nearly nonexistent, in other areas it has visible but damaged beyond repair. There are valuable trees in this forest area, and my neighbor and I have mutually agreed to disregard the fence and use GPS devices to define the centerline of the section when logging our properties in the past.
I anticipate my neighbor's half of the section being sold in the next few years. I assume a survey identifying the true midpoint of the section will determine the actual property line. Is my assumption correct? Would a buyer purchasing my Neighbors property have an argument that the fence represents the actual property line instead of the survey? Is there anything I should do now to avoid controversy when the property is sold?What is the name of your state (only U.S. law)?
Remnants of an old fence are evident in the general area that would be considered to be the split line between the East / West half. When the fence was installed many years ago it appears the builder's priority was to ensure maximum durability to contain livestock by following ridge tops and stay off of steep hillsides. As a result the fence zig zags back and forth along it's path and in some places strays up to a couple hundred feet both East and West of the true section centerline. The entire area is now a mature forest and has not contained livestock in over 25 years. Neither myself or my neighbor have maintained this fence. In some places it is nearly nonexistent, in other areas it has visible but damaged beyond repair. There are valuable trees in this forest area, and my neighbor and I have mutually agreed to disregard the fence and use GPS devices to define the centerline of the section when logging our properties in the past.
I anticipate my neighbor's half of the section being sold in the next few years. I assume a survey identifying the true midpoint of the section will determine the actual property line. Is my assumption correct? Would a buyer purchasing my Neighbors property have an argument that the fence represents the actual property line instead of the survey? Is there anything I should do now to avoid controversy when the property is sold?What is the name of your state (only U.S. law)?