Q: My grandfather and my neighbors grandfather built a fence between the two of them in the late 30's or early 40's.
A recent survey by a third party shows my fathers house (which my grandfather built) now sits on my neighbors property, approximately 50 feet south of the fence!! My father is deceased and I now own the house and property. This also makes my neighbors property lines not where once thought !! Since the fence has been undisputed all of these years, can it be considered the legal border between my fathers property and his neighbor? I would like to get the fenceline surveyed and recorded. My neighbor so far is OK with this. I just want to make sure there will be no problems in the future. I have been looking for the definition of "adverse possession" but can not find anything relating to a fence, or a trail, or a road. Thank You.
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A: Adjoining landowners have probably acquiesced to the ascertainable (fence) boundary. You must hire a ND attorney, find witnesses to the fence being up for many years, and you might get a survey to both have an expert witness as well as figure out something to give the other owner. A Boundary Dispute must be filed in Court unless you can come to a Boundary Line Agreement which will be recorded in chain of titles of all affected properties.
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