Hayden, ID asked in Real Estate Law for Idaho

Q: I have a property in idaho that I bought 16 years ago. Prior it was owned by another family for at least 40 years.

They long ago put up a fence to keep in their cows. This fence has been in place for over 50 years. According to a fairly new neighbor( 6 years) who borders me, he did a survey recently and claims the pins are different by as much as 18 feet. He wants to take down the historic fence and build a new one where his survey shows it. I think the owners prior to me had obtained the property maybe by adverse possession and that the old fence has become the accurate line.

any case law on this? how do I resolve it simply? the border is 660 feet long and represents almost a half acre of land

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1 Lawyer Answer
Mark R Petersen
Mark R Petersen
  • Pocatello, ID
  • Licensed in Idaho

A: Idaho law recognizes fences that have been the boundary of adjoining properties for a long period of time as the property line. To establish fence line and property ownership there must be a (1) disputed boundary, (2) uncertainty or ignorance of the true boundary line, (3) and an agreement establishing a boundary that is recognized between the parties.

Payment of property taxes is not required.

The property line agreement may be established by direct evidence, or it can be inferred from the conduct of the parties or their predecessors. This can include long acquiescence in an existing fence line where adjoining landowners treated the fence as the boundary.

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