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Property line and barn
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sand85
Posted 4/26/2015 13:37 (#4538908 - in reply to #4538558)
Subject: RE: Property line and barn


C IL

You might look up the 'doctrine of acquiescence'.  It's a little gentler form of adverse possession.

The theory is that if everyone has agreed on a boundary for years (the requisite statutory period, which is state-dependent), even if ignorant of the true survey line, that agreed-upon boundary remains the boundary.

 

You mentioned above that you and the neighbor have been treating the ditch as the boundary for 30+ years.  If anyone pressed the issue to court, that is very likely now the legal boundary. 

The same would likely go for the area where the neighbor is farming on you (18 rows or whatever the number was).

 

PS: I am not a lawyer and this is not legal advice.

 

Edited to say:  Staking out deed lines is kind of the 'low fruit' of surveying.  The profession is kind of divided, internally, between those who just want to stake out deed lines with GPS and total station equipment, and those who provide the full service of determining the actual boundary (deed research, understanding local boundary laws, etc).  It's kind of a grey area, because the surveyor really doesn't want ot get caught up in the midst of a legal dispute, but professionally and legally are entitled to give a boundary opinion.  The actual PLS licensed surveyor should be familiar with all of this boundary law, as it applies in your statutory authority, and could do a lot to head off future legal conflicts between landowners.  So ... you might ask the surveyor what the legal boundary should be?



Edited by sand85 4/26/2015 13:46
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