Q: Our HOA bought 30 Acres which included a lake in 1995 from a rancher. A PUD was filed.
On the far northern portion an outlot exists with no ingress and is rather unusable - the only access is through the ranchers land, it will be eventually recommissioned to open space. The rancher has a fence that crosses onto the outlot and its been there for 53 years, no one has asked him to move the fence. A new homeowner has joined the HOA (5 owners) and they want him to move it, no other owners see it as an issue. If it becomes a legal issue do we have any stance to force him to remove the fence?
A: You may have a problem with an adverse possession claim by the rancher, but you'll only know after you ask him to move the fence.
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