Atkins, AR asked in Agricultural Law, Land Use & Zoning and Real Estate Law for Arkansas

Q: what are Arkansas law regarding existing fencing that has been in place for more than 10+ yrs?

Property we bought about 11 yrs ago had already fencing around it from neighbors. We left it as such and built more fencing that ran into already built parts and have repaired older fencing. Now a neighbor bought some of the property from newer neighbors and want to tear down existing fencing and push the fencing back onto our property saying that part of our property is theirs. The newer neighbors bought property from bank/realtor after older neighbors sold and moved away.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: An Arkansas attorney could advise best, but your question remains open for a week. Your question may run deeper than technicalities about fence construction. Your post suggests a property dispute. You could repost and add "Real Estate" as a category. If this involves adverse possession over a boundary dispute, that's something that Arkansas real estate litigation attorneys should advise you on. You could repost, but attorneys will probably advise you that this is beyond a brief response on a Q & A forum - they would probably want to see property records, surveys, etc. Good luck

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