Indianapolis, IN asked in Real Estate Law for Kentucky

Q: In Kentucky, I purchased 85 acres in February of 2022.

I purchased 85 acres in February of 2022. I did not have it surveyed. My 73yo neighbor (in declining health) has lived on his property for over 40 years. He tells me he has no idea where our property line is located. But if you were to look at the map of the real estate listing, and you were to look at the courthouse records, you can see he has built right up to the line. I feel he may have even encroached onto my property. If I have the property surveyed and he has in fact built onto my property, what recourse do I have? Can I order him to tear it down? Can I put some kind of lien on his property so that when he goes to sell it, the purchaser must address the issue? When I have it surveyed, I'm going to ask the surveyor to drive t-posts every 200' (to keep a sightline). Do I need my neighbor's permission to put in the t-posts? Thanks

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1 Lawyer Answer
Anthony M. Avery
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A: You and your predecessors in title have probably already acquiesced to the boundary. Survey at least the boundary line and get a KY lawyer to draft/execute a boundary line agreement to be recorded. You might go after your buyer on a warranty deed, but it would be expensive and doubtful. Tax Maps are not Survey Plats. This should have been done prior to purchase, and now there may be clouds on both titles.

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