Property Line

[Regallis]

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

I have a fence that was installed before I purchased the property. I didn't have a survey done when I purchased this property, it wasn't required. Today I am told that my fence is 3' on his property, individual said he was going to tear it down. I know this fence has been here at least 15 years by the previous owner and I have owned this property approximately 5 years. What are my rights at this point? What should I do to settle this problem?

 

[rowz]

Notify your neighbor with CCC/RRR ]Certified Mail w/ Return Receipt Request and let them know that they are not to do anything till you get the results of the survey.

[Yes, you will now have to get & pay for a survey]

Get the survey and then compare it with theirs to check the location of the fence.

One other note, what are the meets and bounds description in your Deed. That is the legal description of the property which reads something like: "From the Northwest marker, [pin, old oak tree] then 115 feet Northwest...".

You really need this survey.

BTW, I am curious, is this property mortgaged?
If so, why no survey?

 

[HomeGuru]

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

I have a fence that was installed before I purchased the property. I didn't have a survey done when I purchased this property, it wasn't required. Today I am told that my fence is 3' on his property, individual said he was going to tear it down. I know this fence has been here at least 15 years by the previous owner and I have owned this property approximately 5 years. What are my rights at this point? What should I do to settle this problem?

**A: you have a right to remove the fence and install a new one on your own property.

 

[Machinist]

Today I am told that my fence is 3' on his property, individual said he was going to tear it down. I know this fence has been here at least 15 years by the previous owner and I have owned this property approximately 5 years. What are my rights at this point? What should I do to settle this problem?

the law is on your side if you want the fence to stay where it is, regardless of any survey.

"If a fence encloses a property for 10 years, under a claim of adverse possession, title vests in the claimant and possessor, although the fence is subsequently removed or falls into disrepair. Fencing is one of the strongest indications of adverse possession" [Roy v. Kayser, 501 So. 2d 1110 [1987]]

[Survey is not controlling even if there isn't adverse possession]
Lankford v. Magee, 222 Miss. 770: Chancellor is justified in taking aid from old fence built 40 years previously and in disregarding a recent survey in determining the boundary line.

Your fence is now the boundary line if you can establish that it was there for 10 years or more.

IMHO, ask a local attorney to send them a demand notice that the fence is now the property line (citations above) and you'll sue them for damages if they tear it down. (and quiet title to the land if the survey says its not yours and you want the fence where it is).