land line boundaries
There is a fence that has served as a land boundary between me and another land owner for over 20 years. They are now saying that they own approx. 150 feet of property onl my side. What is the ruling when a fence has served as a land boundary in excess of ten years?
Re: land line boundaries
if you have maintained sufficient "possession" up to the fence line, then 10 years is what is required. Case excerpts below:
Sexton v. Wagnon,
--- So.2d ----, 2006 WL 3333793, Ala.Civ.App., November 17, 2006 (2050638.)
...the trial judge entered a final judgment in which he found that Wagnon had acquired title to the gore by adverse possession and, therefore, that the possession line is the true boundary line between the parties' properties.
�The coterminous owners in a boundary dispute �may alter the boundary line between their tracts of land by adverse possession for ten years." (quoting Kerlin v. Tensaw Land & Timber Co., 390 So.2d 616, 618 (Ala.1980) End of case excerpt.
Also,
When one owner of coterminous properties constructs a fence to represent the dividing line between his and another's property, occupies up to that fence, and claims ownership up to the fence with knowledge of the other landowner, that claim is presumptively hostile and the possession adverse. � Our Supreme Court has consistently held that �where a case involves a boundary dispute between coterminous landowners, title may be acquired by an adverse possession period of only 10 years.� E.g., Moss v. Woodrow Reynolds & Son Timber Co., 592 So.2d 1029, 1030 (Ala.1992). Kendrick v. Kendrick, --- So.2d ----, 2006 WL 2640628, Ala.Civ.App., September 15, 2006 (2050156.)
Hope this helps, kindest regards, Chip
Re: land line boundaries
if you have maintained sufficient "possession" up to the fence line, then 10 years is what is required. Case excerpts below:
Sexton v. Wagnon,
--- So.2d ----, 2006 WL 3333793, Ala.Civ.App., November 17, 2006 (2050638.)
...the trial judge entered a final judgment in which he found that Wagnon had acquired title to the gore by adverse possession and, therefore, that the possession line is the true boundary line between the parties' properties.
�The coterminous owners in a boundary dispute �may alter the boundary line between their tracts of land by adverse possession for ten years." (quoting Kerlin v. Tensaw Land & Timber Co., 390 So.2d 616, 618 (Ala.1980) End of case excerpt.
Also,
When one owner of coterminous properties constructs a fence to represent the dividing line between his and another's property, occupies up to that fence, and claims ownership up to the fence with knowledge of the other landowner, that claim is presumptively hostile and the possession adverse. � Our Supreme Court has consistently held that �where a case involves a boundary dispute between coterminous landowners, title may be acquired by an adverse possession period of only 10 years.� E.g., Moss v. Woodrow Reynolds & Son Timber Co., 592 So.2d 1029, 1030 (Ala.1992). Kendrick v. Kendrick, --- So.2d ----, 2006 WL 2640628, Ala.Civ.App., September 15, 2006 (2050156.)
Hope this helps, kindest regards, Chip
