Property lines - what’s the legal term?

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  • Hoosierdood

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    Example:

    Lets say someone builds a fence across the property line, and the rightful property owner fails to contest the property line for a period of time (around 15 years), then that fence becomes the new property line. What’s the legal term for that?

    Google-fu is failing me. What’s the INGO brain trust say?
     

    Hoosierdood

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    That's it! Thanks!

    Rest of the story....
    I listed my house for sale last Tuesday 9/6 (just accepted an offer today for full asking price) and went to see my realtor today to go over the papers. The house next door is a rental, and the property owner had called my realtor to ***** about the fact that part of my garage and driveway was on her property and we could not sell the house until this was fixed. Keep in mind that she bought the rental property in 1990. My realtor asked if she had ever had a survey done (she hadn't), and informed her that if she would like to contest the property line that she should order a survey. Lets just say that the landlady was not too happy with that answer. She doesn't feel like she should have to pay for the survey.

    I have a feeling that I have not heard the end of this story yet.
     

    eldirector

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    Do a quick check of the county GIS system, to see if she is even remotely correct. Not the same as an actual survey, but quick and free. If she isn't even close, ignore her. If she is obviously correct, you might want it resolved before the title company lawyers get involved. Of course, if it is borderline, then it is up to her to officially make a complaint. Until then, it is just whining, and I tend to ignore that, myself.
     

    churchmouse

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    Do a quick check of the county GIS system, to see if she is even remotely correct. Not the same as an actual survey, but quick and free. If she isn't even close, ignore her. If she is obviously correct, you might want it resolved before the title company lawyers get involved. Of course, if it is borderline, then it is up to her to officially make a complaint. Until then, it is just whining, and I tend to ignore that, myself.

    ^^^^^^^^^^^^^^^^^^This^^^^^^^^^^

    We had several rentals at one point. Had a series of these disputes along that path all of which were shot down fairly easily.
     

    flightsimmer

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    I have a similar situation.
    My next door neighbor put up a privacy fence to keep his chickens in but the fence is roughly 4" inside my property line (surveyed and staked).
    It makes it nearly impossible to mow because it is up against my house, about 4' or so wide.
    Now I don't want to make a big deal about it but I think it should be on record in case of future problems.
    What should I do?

    Oh, and he didn't ask either.
     

    tsm

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    Check into sending a certified letter to your neighbor explaining his incursion on your property and, if it’s not a big deal to you, that he has your permission to encroach on it for the time being. I’m not a lawyer and didn’t stay at a Holiday Inn Express last night, but I heard somewhere that “official” acknowledgement of the situation removes the possibility of the neighbor obtaining adverse possession in the future. Hopefully a legal mind will comment shortly on whether I’m full of it or not!
     

    spec4

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    correct error

    Did your update your property status with a title commitment? Sometimes the title company will agree to insure over these issues.
     
    Last edited:

    JettaKnight

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    I have a similar situation.
    My next door neighbor put up a privacy fence to keep his chickens in but the fence is roughly 4" inside my property line (surveyed and staked).
    It makes it nearly impossible to mow because it is up against my house, about 4' or so wide.
    Now I don't want to make a big deal about it but I think it should be on record in case of future problems.
    What should I do?

    Oh, and he didn't ask either.

    Yeah.

    At the very least, something needs to be filed so that it shows up during a title search when the home is sold.
     

    HoughMade

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    Synthesizing and rephrasing these varying expressions to reflect a simplified articulation of the common set of shared concerns and the essence of the common law doctrine, we hold that the doctrine of adverse possession entitles a person without title to obtain ownership to a parcel of land upon clear and convincing proof of control, intent, notice, and duration, as follows:

    (1) Control—The claimant must exercise a degree of use and control over the parcel that is normal and customary considering the characteristics of the land (reflecting the former elements of “actual,” and in some ways “exclusive,” possession);

    (2) Intent—The claimant must demonstrate intent to claim full ownership of the tract superior to the rights of all others, particularly the legal owner (reflecting the former elements of “claim of right,” “exclusive,” “hostile,” and “adverse”);

    (3) Notice—The claimant's actions with respect to the land must be sufficient to give actual or constructive notice to the legal owner of the claimant's intent and exclusive control (reflecting the former “visible,” “open,” “notorious,” and in some ways the “hostile,” elements); and,

    (4) Duration—the claimant must satisfy each of these elements continuously for the required period of time (reflecting the former “continuous” element).
    Fraley v. Minger, 829 N.E.2d 476, 486 (Ind. 2005).

    However:
    (a) …[P]ossession of the real property is not adverse to the owner in a manner as to establish title to the real property unless the adverse possessor pays all taxes and special assessments that the adverse possessor reasonably believes in good faith to be due on the real property during the period the adverse possessor claims to have adversely possessed the real property. However, this section does not relieve any adverse possessor from proving all the elements of title by adverse possession required by law.
    Ind. Code § 32-21-7-1.

    But…
    Recognizing our obligation to follow and enforce the adverse possession tax statute as enacted by our legislature, we take a restrained view of the legislative acquiescence in Echterling 's interpretation of the statute. We hold that Echterling permits substantial compliance to satisfy the requirement of the adverse possession tax statute in boundary disputes where the adverse claimant has a reasonable and good faith belief that the claimant is paying the taxes during the period of adverse possession. But we decline to extend Echterling to permit total disregard of the statutory tax payment requirement merely on grounds that the legal title holder has other clear notice of adverse possession.
    Fraley, 829 N.E.2d 493.

    Have fun.
     

    flightsimmer

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    In other words, try to resolve differences with neighbors without going to court.

    I'm not wanting a confrontation with my neighbor, I just want it recorded that I know he is on my property without my consent.

    Should I go to county records or see a real estate agent?
     

    churchmouse

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    I have a similar situation.
    My next door neighbor put up a privacy fence to keep his chickens in but the fence is roughly 4" inside my property line (surveyed and staked).
    It makes it nearly impossible to mow because it is up against my house, about 4' or so wide.
    Now I don't want to make a big deal about it but I think it should be on record in case of future problems.
    What should I do?

    Oh, and he didn't ask either.

    This would not be OK with me. Fence would come down regardless. JMHO of curse.
     

    SwikLS

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    I'm not wanting a confrontation with my neighbor, I just want it recorded that I know he is on my property without my consent.

    Should I go to county records or see a real estate agent?

    A surveyor can prepare a Retracement Survey. Part of that would be to prepare a report that should discuss the location of occupation or possession lines in relation to the title lines. After that, the survey can be recorded.

    As far as your consent of your neighbor's encroachment (if any), contact an attorney.
     

    churchmouse

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    This.

    Nothing good can come from having a fence on your property years later.

    Exactly. No permission asked for or given. That is the real issue. 4' the total length of the fence (How long..??) is a but load of ground that you pay the taxes on. It is yours not this. This would get real ugly real fast.
     

    churchmouse

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    The Ops original msg said the encroachment was 4”, not 4 feet. That might make a difference in how big a deal it is to him.

    Post #7. Sorry this gets me twisted up.

    Not sure where you got the 4"s from. The OP did not state an actual depth of encroachment.
    4"s is really not much.
     
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