Q: If a neighbor has been pasturing your property for years that is not fenced can he claim title to that section of land?
I have about 1 acre on top of a bluff that a neighbor has pastured for many years. There is no fence establishing a property line. I have put a tree stand for hunting on that acre and the neighbor wants me to remove it. He says he owns it because he has been using it for many years. I have been hunting it for the last 13 years. About 20 years ago I cut logs off the parcel and landed the logs on his property. At that time we established an approximate line. Is there any statute that gives him the right to claim title to the property? I have been paying Real Estate taxes on the parcel since 1996 the year I purchased the property. He has owned the adjoining acreage since I think the 70's.
A: Adverse Possession of the tract is very possible here as the other landowner is exercising ownership for many years. Acquiescence to a discernible boundary line is probably not an issue. Check your payment of taxes and what property you are assessed for. This is serious and you may have to sue for a Boundary Line Determination. You may have already lost this portion of your land, as your Deed may have been Champertous.
A: Initially search your title and his title, looking for common boundary lines. Contact your grantor if possible and inquire. A suit on breach of warranties may be possible. Also look for any monuments mentioned in the legal descriptions.
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