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SE Ia | With todays GPS technology almost anyone can come up with the should have been lines. I’m using a used RTK receiver, Lance’s NTRIP application and Iowa CORS for RTK corrections. I have headings along property lines that are not O or 180 degrees, I would think they should be. If you feel you are dealing with a square property, or one that should follow surveyed lines, you might be able to flag a calculated property line with the help of someone with portable RTK capability to give you a sense of what should be. Perhaps with a marked line you can convince your neighbor to agree to using that line.
What you are describing almost comes under the fence dispute category. I’ve been a Township Clerk for 40+ years and our Township Trustees have never had to view or settle a fence dispute. There is a legal process that must be followed in fence disputes. There are specified procedures that must be followed. Most parties when confronted with the process decide it’s in all parties best interest to settle without going through the process. One is likely to have the cost of the fence or property in fees settling the dispute. That said I don’t think without an existing established property line in the right of way it comes under a condition where your trustees opinion would apply. You can google Iowa fence dispute process for more information.
I have property that was affected by the Iowa Supreme Court decision in 1983. In that case a group of individuals formed a corporation to buy a section of a rail line to continue operation on a section of a defunct line for a regional line. When they abandoned the line they started selling the right of way to any interested buyer. Parcels were sold, sometimes not to the holders of of the parcels the rails crossed. The ruling was it reverted back to the original parcel holders. Original parcel holders could have claimed the property that was sold to others, not everyone did. The rail road corp was giving a quit claim deed to anyone who would buy the right of way.
IMO, bottom line is it would be best if you and your neighbor could come to an agreement.
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How to regain our half of an abandoned railroad right of way
