Neighbors and boundary lines

[PBL]

What is the name of your state (only U.S. law)? Louisiana
Just purchase 10 acres about a year ago which connects to the back side of my resident. My neighbor has an old fence which was buried in a wooded area out of site. I proceeded to clear the woods from property and discovered that the old fence is about 25 feet off the line onto my property. That neighbor has built a small pole barn on that 25 feet area. I informed them that this was now my property. I then tried to put up a new barb wire fence on my boundary line. When I went back to check, the neighbors had taken my fence down and threw it in the corner of the lot back on my side and called the cops on me. I have a survey of property showing where the boundary line should be from the bank from previous owner. Yes, I purchase property from bank and previous owner. I need to know if there is a DIY form (more simple procedure) to use to handle this situation and not have to spend more money on an attorney. I also have a copy of the neighbors property from the tax assessors office showing what their measurements are for their property. Their fence line is not on the property line. It is off 25 feet onto my property. This is a hot mess. Help (Any help or suggestions would be greatly appreciated)
Thanks
PBL
Have a great day!

P.S. I have consulted with an attorney, basically I was informed to try an handle the situation out of court. Also informed me to show neighbors the survey.
Thanks

 

[LdiJ]

What is the name of your state (only U.S. law)? Louisiana
Just purchase 10 acres about a year ago which connects to the back side of my resident. My neighbor has an old fence which was buried in a wooded area out of site. I proceeded to clear the woods from property and discovered that the old fence is about 25 feet off the line onto my property. That neighbor has built a small pole barn on that 25 feet area. I informed them that this was now my property. I then tried to put up a new barb wire fence on my boundary line. When I went back to check, the neighbors had taken my fence down and threw it in the corner of the lot back on my side and called the cops on me. I have a survey of property showing where the boundary line should be from the bank from previous owner. Yes, I purchase property from bank and previous owner. I need to know if there is a DIY form (more simple procedure) to use to handle this situation and not have to spend more money on an attorney. I also have a copy of the neighbors property from the tax assessors office showing what their measurements are for their property. Their fence line is not on the property line. It is off 25 feet onto my property. This is a hot mess. Help (Any help or suggestions would be greatly appreciated)
Thanks
PBL
Have a great day!

Unfortunately, its time to consult a real estate attorney. You obviously are not going to resolve this without one.

 

[Ben T]

Agree with the statement above. See a lawyer. Adverse Possession could be a route this abutter takes given they may (?) have met the conditions for stealing land.

 

[Terminus]

Thoughts

Adverse possession in Louisiana is 10 years. Now you stated the fence was old and that the neighbor has installed a pole barn......Which states to me that the many of the adverse possession clauses may have been met. You also mentioned that you had a survey from the previous owner. Does that survey show the fence being 25 feet inside the boundary? I would also ask how you set your fence line? Did you find monuments at either end of the line you fenced? As for the tax map that you say shows the encroachment....These maps are notoriously off 25-50 feet (that is why GIS and tax mapping usually say "this is not a survey"), so you cannot put a lot of trust in that map.


I would go this route;

1-Confirm that location of your boundary in this area by having it surveyed
2-If the fence is indeed over the monumented boundary, then contact an attorney (I suggest a survey first because that is the first thing the attorney is going to recommend)
3- Listen to the attorney

 

[latigo]

What is the name of your state (only U.S. law)? Louisiana
Just purchase 10 acres about a year ago which connects to the back side of my resident. My neighbor has an old fence which was buried in a wooded area out of site. I proceeded to clear the woods from property and discovered that the old fence is about 25 feet off the line onto my property. That neighbor has built a small pole barn on that 25 feet area. I informed them that this was now my property. I then tried to put up a new barb wire fence on my boundary line. When I went back to check, the neighbors had taken my fence down and threw it in the corner of the lot back on my side and called the cops on me. I have a survey of property showing where the boundary line should be from the bank from previous owner. Yes, I purchase property from bank and previous owner. I need to know if there is a DIY form (more simple procedure) to use to handle this situation and not have to spend more money on an attorney. I also have a copy of the neighbors property from the tax assessors office showing what their measurements are for their property. Their fence line is not on the property line. It is off 25 feet onto my property. This is a hot mess. Help (Any help or suggestions would be greatly appreciated)
Thanks
PBL
Have a great day!

P.S. I have consulted with an attorney, basically I was informed to try an handle the situation out of court. Also informed me to show neighbors the survey.
Thanks

When the attorney suggested that you “try and handle the situation out of court” I suspect he or she did so ONLY after you opted not to incur the considerable legal expense of attempting to favorably resolve the boundary line dispute in court.

The action of the neighbor in tearing down your barbed wire fence wouldn’t seem to indicate that he is favorably disposed to giving up his claim to the 25 feet, which includes his pole barn.

Also it seems that the neighbor is more aware than you are of certain long established principles of property law that - depending on past circumstances between your predecessors in title and the neighbor and his - could prevent you from relying on deed descriptions and survey lines.

Those principles being “boundary by acquiescence” a/k/a “title by acquiescence” and “title by adverse possession”.

You might wish to research those subjects.

 

[154NH773]

Those principles being “boundary by acquiescence” a/k/a “title by acquiescence” and “title by adverse possession”.

While it is true that these principles may control the situation, they are not FACT until a court declares them so. Just a suggestion to the OP that he not just "roll over" to his neighbor's claims.

Depending on what the property is worth to you, a court case may be the only way to settle the matter. As others have suggested, getting a lawyer is probably the best advice.