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Our barn is on their land

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bestnana

Junior Member
What is the name of your state? Arkansas

We bought some land 20 years ago next to my sister and her family. 19 years ago, we built a barn. 8 years ago, we built a storage building and deck/gazebo and installed a 33' above ground swimming pool.

When we bought the property, my sister and her husband showed us where the property line between us was, roughly marked by the fence of their pasture (fence has been gone now for several years). All was well for years until they decided to put up a fence between us. They placed 3 very large cedar posts in our front yard to mark the corner of the fence. We disputed the placement of these posts (and the look of the proposed fence). We decided to have the land surveyed. They also had their land surveyed at the same time by the same company. We had this done about 2-3 years ago. Unfortunately, the property line was much further onto our property than either of us thought. They did not put in the fence, but left the ugly posts in our (their) front yard (to antagonize I am sure).

They told us we did not have to move anything. The surveyor told us they could not make us move the barn. We want to be fair and are willing to move the storage building and the pool, but did not want to do it until we were ready or were forced to - which ever came first. We have been spending our time and money remodeling the house and are not ready to move the storage building and pool yet. The barn is another matter. We do not want to go to the expense of rebuilding the barn.

Now they want to put up a fence and have mules and cows on their property. We told them they could fence in the whole property behind the barn -- ours as well as theirs to graze their animals, but really didn't want a fence between the two properties. They decided to fence in only their property, and have put several large cedar posts (What is it with them and large cedar tree trunks?) up to mark the corner of where they want to start the fence, which is about 10 feet behind our deck and pool and about 20 feet in front of our barn.

Obviously we cannot prevent their putting up a fence, but we have a couple of concerns (apart from the smell of the animals so close to our deck and pool). Our barn is over the property line where they want to install the fence. Do they have to leave a certain amount of space between the fence and our barn so that we can still have access to the barn? We want to maintain (brushhog and weed eat) the area around the barn so that we don't have infestation problems, and there is a storage area with a door on the fence side of the barn that we use. Also, since this is not a joint venture, do they have to put the fence posts entirely on their property?

We want to sell in the future and do not want the buyers to inherit this problem. What are our options? Because of the way our properties angle, the best solution was to trade footage at the front to us that we needed for footage at the back that they (at the time) needed, which we suggested. They were adamantly against losing "highway frontage". We live on a county road.

What are our options? Dealing with family is sticky -- not easier.
 
Last edited:


BelizeBreeze

Senior Member
bestnana said:
What is the name of your state? Arkansas

We bought some land 20 years ago next to my sister and her family. 19 years ago, we built a barn. 8 years ago, we built a storage building and deck/gazebo and installed a 33' above ground swimming pool.

When we bought the property, my sister and her husband showed us where the property line between us was, roughly marked by the fence of their pasture (fence has been gone now for several years). All was well for years until they decided to put up a fence between us. They placed 3 very large cedar posts in our front yard to mark the corner of the fence. We disputed the placement of these posts (and the look of the proposed fence). We decided to have the land surveyed. They also had their land surveyed at the same time by the same company. We had this done about 2-3 years ago. Unfortunately, the property line was much further onto our property than either of us thought. They did not put in the fence, but left the ugly posts in our (their) front yard (to antagonize I am sure).
Irrelevant.
bestnana said:
They told us we did not have to move anything. The surveyor told us they could not make us move the barn.
Really? And will this surveyor go to court with you as your attorney?
bestnana said:
We want to be fair and are willing to move the storage building and the pool, but did not want to do it until we were ready or were forced to - which ever came first. We have been spending our time and money remodeling the house and are not ready to move the storage building and pool yet. The barn is another matter. We do not want to go to the expense of rebuilding the barn.
That is not your decision. That will be up to a judge. It's on their land.
bestnana said:
Now they want to put up a fence and have mules and cows on their property. We told them they could fence in the whole property behind the barn -- ours as well as theirs to graze their animals, but really didn't want a fence between the two properties.
Well, that was certainly kind of you, since you don't own the property and have no legal right to tell them what THEY can do with their OWN land.
bestnana said:
They decided to fence in only their property, and have put several large cedar posts (What is it with them and large cedar tree trunks?) up to mark the corner of where they want to start the fence, which is about 10 feet behind our deck and pool and about 20 feet in front of our barn.
Perfectly legal and their right to do so.
bestnana said:
Obviously we cannot prevent their putting up a fence, but we have a couple of concerns (apart from the smell of the animals so close to our deck and pool).
So what? As long as they are not breaking any zoning regulations or other local laws, it's none of your business.
bestnana said:
Our barn is over the property line where they want to install the fence. Do they have to leave a certain amount of space between the fence and our barn so that we can still have access to the barn?
That depends solely on your local statutes and zoning ordinances.
bestnana said:
We want to maintain (brushhog and weed eat) the area around the barn so that we don't have infestation problems, and there is a storage area with a door on the fence side of the barn that we use. Also, since this is not a joint venture, do they have to put the fence posts entirely on their property?
You could either move the barn or build another entrance OR, instead of acting like children, seek another solution. The fence will have to be placed ONLY on their property but, since you've already said the barn sits on their property, they would be perfectly within their rights to place the fence 1 inch inside the property line and dissect your barn.
bestnana said:
We want to sell in the future and do not want the buyers to inherit this problem.
Then you'd better find a solution fast.
bestnana said:
What are our options? Because of the way our properties angle, the best solution was to trade footage at the front to us that we needed for footage at the back that they (at the time) needed, which we suggested. They were adamantly against losing "highway frontage". We live on a county road.
O.K. so you need another solution.
bestnana said:
What are our options? Dealing with family is sticky -- not easier.
you have only three options:
1. offer to purchase the land required to keep the barn on your land and operational or;
2. move your barn, or;
3. get a prescriptive easement which will allow you to keep using the land required for operations of the barn and will allow the neighbors to never lose ownership of the land.
 

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