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Tractor Talk Discussion Board

Re: Neighbors Fence Lines(long)


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Posted by John T Country Lawyer on December 15, 2009 at 20:44:32 from (66.244.97.31):

In Reply to: Neighbors Fence Lines(long) posted by Flurette Farm on December 15, 2009 at 16:25:57:

Im an attorney but SORRY NO HELP, ITS BEYOND WHAT CAN BE DONE HERE;;;;;;;;;;;;;

I have addressed these type questions several times on here ANY MY ADVICE MUST ONCE AGAIN REMAIN TO HIRE A LOCAL ATTORNEY FAMILIAR WITH REAL ESTATE AND ADVERSE POSESSION LAW IN YOUR AREA.

This IS NOT something that can be answered or explained on here unless (by an attorney let alone a lay person) until allllll the facts are known and then the law of your state, both codified as well as commom law, have been researched and after that, even if an attorney such a myself says something ITS ONLY AN OPINION albeit a professional one... Theres simply nothing I can say or do that has any affect on your legal boundary.

Similar, unless its a statutory "legal survey" such as Indiana has and subject to all its requirements, what a surveyor says IS ONLY AN EXPERT OPINION. The Law, NOT surveyors, determines legal property lines in dispute cases

YES the doctine of "Adverse Posession" is alive and well and can cause a prior boundary to become located on what was previously property of another person, BUT ITS TOO COMPLEX TO EXPLAIN HERE....

HIRE AN ATTORNEY BEFOREEEEEEEEEEEE A SURVEYOR IS MY ADVICE, Maybe your state has a "legal survey" statute and theres no use in expending a bunch of survey fees that could be of little value in litigation. Let a court decide and order a survey perhaps so it will have some legal consequences.

Sorry to sound so negative or cynical and theres absolutely no use in trying to help here on a tractor board with something thats very complicated that requires a knowledge of law and the facts to render a competent opinion.

Sorry if I come across negative but Im trying to give you advice thats in your own best interest.

God Bless and good luck

John T


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