Legal Question in Real Estate Law in Indiana
Long-standing property lines
I have a fenceline on my farm that has stood for over 100 years.The neighbor on the other side recently had it surveyed before selling it.The surveyer said, based on phrases in the original deed such as ''to the hollow'' or ''middle of the creek'',that some of my ground belongs to the neighbor, including some timber which the neighbor now wants to log.What's to say that the creek runs where it did 120 years ago? Is there a statute that states if a fenceline has stood for a given number of years, that it becomes the accepted property line? Thank you for your time.
1 Answer from Attorneys
Re: Long-standing property lines
Tell the neighbor that any encroachment over the fence line will be considered a trespass, and call the Sheriff if he makes any move to come through the fence. Whatever the original correct property line was, the fence created good title to you and your predecessors in interest by "adverse possession." If you or the neigbhor want to read about it, check out this Purdue extension article:
http://www.fnr.purdue.edu/inwood/past%20issues/indiana%20farm%20fence%20law.htm
A recent amendment to the Indiana code makes it a requirement that the adverse possessor pay the real estate taxes. This is possibly not an issue on farm property; depends on how your properties are assessed.
http://www.in.gov/legislative/ic/code/title32/ar21/ch7.html
And finally, you are right to consider the possibility of a change in the contours of the land and creek. Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
