Property Line Issue

[DisabledVeteran]

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

STATE: INDIANA

Neighbor A ( Me 3 years ago)
Neighbor B ( 1.5 years)

The homes in question have been here +10 years

Neighbor A purchased a home 3 years ago. The home was built 10 years ago. The home has a sprinkler system installed. On the north side of the property the assumed property line is grass with in ground sprinkler system. Neighbor B property has pine trees and mulch starting where the grass ends there.

Neighbor A need to put up a privacy fence and had that property line surveyed. At the front of the property the grass/mulch line holds true. About 1/2 way back there starts a seperation of the grass/mulch by inches to the end with a 3ft difference.

Question: Since this grass/mulch has been used as the boundary line as well as the installed in ground sprinkler system is in place can this difference be adverse possesion?

Question: If adverse possesion can't be used what about a Prescriptive easement issue?

Also, on this property line issue there is a drainage, pedestrian easement. both A & B was dumbfounded to find a pedestrian easement between their homes. This easement leads into a rough wooded area.

Question: Since the pedestrain easement is in place 10' on each of side of the property line can either home owner put a fence up or rope fence?

Thank you for your answers

John

 

[154NH773]

Not much chance of any type of adverse possession (20 years in IN ) or prescriptive easement. You can each (neighbors A & B) come to an agreement for use by mutual permission that doesn't have permanent effect; or, you can trade property or grant permanent easements.
You may not block ANY part of an access easement that lies on your property.

 

[NC Aggie]

Not much chance of any type of adverse possession (20 years in IN ) or prescriptive easement. You can each (neighbors A & B) come to an agreement for use by mutual permission that doesn't have permanent effect; or, you can trade property or grant permanent easements.
You may not block ANY part of an access easement that lies on your property.

I agree with all parts of your assessment!

 

[DisabledVeteran]

both wrong.... try again

The statutory period necessary to achieve adverse possession is ten years, Ind. Code § 34-11-2-11, and title by adverse possession passes to the claimant by law at the end of the possessory period, Fraley, 829 N.E.2d at 487 (citation omitted)

This is from Indiana Court of Appeals.... Also, if a person thinks they have been paying the taxes on such land, then finds out they haven't been paying doesnt mean that adverse possession will fail. There is a STRONG case for a prescriptive easement...


Another court case findings;

To establish a claim for title by adverse possession, the Doddses must establish the elements of control, intent, and notice for a continuous ten-year period. Fraley v. Minger, 829 N.E.2d 476, 486 (Ind. 2005).


want to adjust your statements?

 

[154NH773]

Since you are adept at finding applicable caselaw; Look up Indiana cases that address "prescriptive easements" and tacking (the extension of the statute of limitations by owners other than yourselves). These could have consequences to your claims.

I don't see anything in IC 34-11-2-11 concerning prescriptive easements, only adverse possession.

A mulch line and a sprinkler may not satisfy a court for adverse possession. In my experience, court is a crap-shoot, and you may spend a lot of money thinking you have a good case, and the courts find differently. Remember; you must prove all elements of your claim against your neighbor's evidence.

The statute of limitations has changed for Indiana, and I won't try to interpret 34-11-2-11, but you personally do not meet either a 10 year or 20 year period. I haven't researched tacking, so I don't know if you can use that.

I stand by my statement that you may not block an access easement of record.

 

[justalayman]

This is from Indiana Court of Appeals.... Also, if a person thinks they have been paying the taxes on such land, then finds out they haven't been paying doesnt mean that adverse possession will fail. There is a STRONG case for a prescriptive easement...

WRONG TRY AGAIN.

There is absolutely no case for a prescriptive easement let alone a strong one.

you do realize the the 2 citations you provide that you state are from separate cases are actually from the same case, right?

Have you paid taxes on the land in question?

Indiana does allow tacking BUT you have to prove the prior possessor had fulfilled all the requirements of AP for the time to be applicable. Can you do that? The fact the sprinkler and mulch are there proves nothing other than there is some mulch there and there is a sprinkler...now. When were each of them placed there? Was there any discussion between the homeowners at the time they were both first placed there that might have prevented a claim of AP or PE?

prescriptive easements require 20 years to ripen so it would appear there is no possibility of a claim of prescriptive easement IC 32-23-1-1

Question: Since the pedestrain easement is in place 10' on each of side of the property line can either home owner put a fence up or rope fence?

it all may be moot due to this. You are limited to what the rights conveyed by this easement allow. Most likely, you are not allowed to encumber the easement in any way that would restrict its use as a walkway. A fence might be allowed if it does not prevent free access along the easement.

You definitely do not have a claim for PE. As to whether you have a claim to AP is based on facts not presented but chances are, you have no claim. Beyond that, due to the easement which you cannot restrict beyond what is allowed in the creating document, this entire argument is most likely irrelevant.