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Fence line dispute Utah

On Lawyer & Legal » Real Estate & Property Law

2,473 words with 4 Comments; publish: Tue, 20 May 2008 16:54:00 GMT; (800171.88, « »)

I purchased a house on a one acre lot of land 3 years ago. The house has been on the land since 1978 and the yard is fenced. From the look of the fence, it's been there as long as the house.

Last year my neighbor built a house behind ours. Now he is claiming that according to his plot map, 30 square feet (3x10) of my land is his. The survey was done in 2002. He originally tore the fence down without asking me and I told him to put it back where it was. What makes me mad is that the entire fence line (150+ feet) will be screwed up if he gets his way.

My house was the original house in the neighborhood. For years my house was surrounded by farmland. In fact, the subdivision my neighbor is in was added to the area no more than 10 years ago. Like I said, his house is only one year old.

It's my understanding that the fence has been there for over twenty years if not longer. Does he have the right to take away my property? Does the fence win in a court of law?

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  • 4 Comments
    • Fence line issues are very, very specific to the jurisdiction in which they occur, and I don't think that we have any posters with specific knowledge of Utah law on this board. Your best bet may be to contact a local real estate attorney; it sounds like you will need one at some point to deal with the neighbor.
      #1; Wed, 21 May 2008 13:46:00 GMT
    • Thanks. I'll contact an attorney and let you know what is said.
      #2; Wed, 21 May 2008 13:49:00 GMT
    • Dr. Knud E. Hermansen wrote an interesting review article entitled "WHAT TO DO WITH FENCES" from both a surveying point of view and a legal point of view. Dr. Hermansen's qualifications as both a land surveyor and a legal scholar give him an unique perspective on boundary-line disputes.

      http://www.umaine.edu/set/svt/articles/Fences.pdf

      His article might give you and your attorney a plan to resolve your boundary-line dispute. This article was primarily written for land surveyors to survey and to make the proper decision regarding fences in their land surveying practices.

      :cool:

      #3; Fri, 04 Jul 2008 13:49:00 GMT
    • I just found out that the fence has been there longer than the house. It's been there since the 60s. I also learned of something called Boundary By Acquiescence. My understanding of this is that if a boundary exists (fence) for more than twenty years and both sides of the fence are occupied respectively, then the fence becomes a "quiet title line". It is my understanding that the this law overrides the survey stake.

      Can any of you verify this for me?

      #4; Wed, 21 May 2008 10:44:00 GMT