neighbors encroachment

[bindie53]

What is the name of your state? south dakota. When i purchased my property 13 years ago there was an old fence between my house and my neighbors. There was no survey done that I am aware of but i did get a real estate lawyer and title insurance. In 1995 I took the side fence down and put new posts in so there was no fence there at this time. I put a new house on the property in 2001. At this time a survey was done and found out the neighbors front fence was encroaching on my property line by approx 2 ft. The neighbors then reattached another fence on my new posts on the side and again along the front of the house in 2003. Since then a new neighbor has moved in next door and i asked him if he would take his fence off of my posts. He said yes but has since put more screws into my posts. I also started a new fence along the side, so it is partially the fence he put back up and partially my new fence and all my posts. I have no idea how long the old fence and posts had been there before the new ones were put up, but my question is since he reattached in 2003 does sd law go by the reattached date? And what is the time limit in South Dakota in the case that he may own the property now? What are my options at this point as I am in the process of selling the land and home.What is the name of your state?

 

[FarmerJ]

Get a survey done , then if you must , relocate the fence so it is on the lot line or just a inch or 2 on your side.