Fence around tree

[glenn walker]

This thread is one of the most laughable : )

 

[Mark K]

If I understand you correctly, because the fence is not on the property line, the agricultural land owner can claim the yard and use it to grow crops.

Is this interpretation correct?

Interesting case I was recently offered a chance to be involved in as an appraiser in a legal fight over exactly this. I turned down the offer.

Facts:

2 adjacent parcels. 1- 7 acre and 1- 30 acre. Both ag land.
New owner for 30 ac. tract had it surveyed and found the common fence was about 50' inside the line, i.e., he only had about 29 ac.

30 ac. owner hired fence company to move the farm fence to the survey line. 7 ac. tract owner sued to have the fence returned to its original position.

Bottom line, after over $100K in legal expenses (BTW, the disputed land was worth about $7,000) between the two parties, the 7 ac. owner prevailed. Judge said that the line had been established via acquiescence. Similar to adverse possession. BTW, fenceline was in place for over 40 years. Now the damages phase of the trial is ongoing.

BTW, the owner of the 30/29 acre tract is now suing the previous owner and that guy is suing the owner that he bought it from and they all are hiring lawyers. Current owner wants his legal bills paid by previous owner(s).

 

[sputnam]

This thread is one of the most laughable : )

Yes, Yes, it is. In the South, someone would shake their head and say 'Bless his heart."

 

[Tim The Enchanter]

Yes, Yes, it is. In the South, someone would shake their head and say 'Bless his heart."

I used to think they were saying a nice thing.

 

[Fernando]

Interesting case I was recently offered a chance to be involved in as an appraiser in a legal fight over exactly this. I turned down the offer.

Facts:

2 adjacent parcels. 1- 7 acre and 1- 30 acre. Both ag land.
New owner for 30 ac. tract had it surveyed and found the common fence was about 50' inside the line, i.e., he only had about 29 ac.

30 ac. owner hired fence company to move the farm fence to the survey line. 7 ac. tract owner sued to have the fence returned to its original position.

Bottom line, after over $100K in legal expenses (BTW, the disputed land was worth about $7,000) between the two parties, the 7 ac. owner prevailed. Judge said that the line had been established via acquiescence. Similar to adverse possession. BTW, fenceline was in place for over 40 years. Now the damages phase of the trial is ongoing.

BTW, the owner of the 30/29 acre tract is now suing the previous owner and that guy is suing the owner that he bought it from and they all are hiring lawyers. Current owner wants his legal bills paid by previous owner(s).

I thought such adverse possession was in CA. Even in other states, judge sides with encroaching owers.
Fence issues can be messy and can get emotional. Like usual, attorneys get most of the fees.