Q: Is it possible for me to obtain ownership of land that has been enclosed within my fence for around 80 years?
My family homestead the property that we live on in February of 1924. Our pond was dug when my grandmother was a young teenager and she is now 83. According to property lines, from about the last third of our pond back to where our fence is located, is technically not part of our land. However the original fence that was built 100 years ago or at least 70 years ago is still in place. Nobody has mentioned anything about this piece of land that technically does not belong to us but me and my grandmother were discussing that it would probably be better if we could find a way to get that land deeded to us. Hopefully it would prevent any future problems if the land that is behind us is sold.
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A: Hire an AL attorney to search both adjoining properties' titles. Acquiescence to the ascertainable boundary line (fence and corners) should convey title to you. It is a little different than adverse possession. You will have to file a boundary dispute unless you can get and record a boundary line agreement. Tax payments might be a problem, which could be cured in time and payment thereof.
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