Q: What should I do if a chunk of my land is being used for farming?
I have an acre in a rural area and I've lived there for about 4 years. I just now got my property surveyed and discovered my property goes back farther than I realized. I have farm land all around me and it seems like part of my land has been incorporated into the land behind me thats used for growing crops. The survey company recommended I contact Planning and Development. I called that department for my county and they suggested I contact the farmer who owns the land first. They told me the name of the person who owns that land and I sent a letter. I haven't heard back so I'm needing advice to see what else I should do to contact them. Or if I should be doing something completely different. Thank you.
A: You and your predecessors in title have probably acquiesced to a new boundary between the adjacent tracts. Apparently you did not get a survey prior to the deed execution. If the boundary is ascertainable on the ground, you have probably lost regardless what your legal description says. But talk to your grantor, neighbors, and a competent attorney that does property litigation. If there is owner's title insurance, a claim might be made , or possible suit on covenants of title. If the encroachment is less than 7 years old according to witnesses, file a Chancery suit immediately.
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