Legal Question in Real Estate Law in Oklahoma

Fence line boundries

I have a boundry dispute over one side of my property. My neibhbor says that if a barbwire fence has been in existance for 50 years that is where your boundry exists now matter what a land survey says. The fence is in bad need of repair rotten posts and very few strands of wire. I found out thru the grapevine that he has about 35 ft wide and one quater of a mile long portion of land that he has been cultavating for at least 20 years. If a survey states that the land is mine can i include it in my new fence or do i have to go back to the spot of the old fence. Thanks


Asked on 3/16/03, 8:33 pm

1 Answer from Attorneys
Hunt John Urgentlegalcare.com

Re: Fence line boundries

Thank you for your question. The answer will depend on a number of facts including possibly how long you and your neighbor have owned your properties. There does exist a common law claim of adverse possession which generally holds that where a party has for fifteen years used the property as their own it becomes their property. This is just a general statement of the law and may not apply to your situation depending on the facts. Fence lines and other boundry markers can be important evidence of how the parties have dealt with the disputed property over the years. If you and your neighbor both bought from the same prior owner then adverse possession would not apply unless the 15 year period has expired. You need to consult with an attorney so that he can gather all of the relevant facts.

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Answered on 3/17/03, 10:15 am


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