Madison, TN asked in Real Estate Law for Kentucky

Q: Do we have to move our fence if when we put it up we thought it was on our property line ?

Fence has been up for 18 years . The property next door has sold 4 different times no one has said anything until this last owner who had it surveyed . We're over the line by 4 inches . He says he wants to build a house and says our fence is keeping him from building it and putting a driveway in .

Will we have to move it since it's been up for so long ?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: Acquiesence generally needs at least 20 years to establish the Boundary. You might hire a competent attorney to approach them with a possible Boundary Line Agreement, with possible payment by you to them. It is up to them to file suit, and they will have a burden of proof to show encroachment. Their surveyor might not be correct. Declination, elevation, beginning point, etc. might be in error, so you might hire your own surveyor. Definitely search both titles. Adding up the expenses and risks should be considered immediately.

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