Fence line in question

This is a discussion on Fence line in question within the Neighbor Law forum, part of the Other Real Estate Law Matters category; Sixteen years ago we bought 5 acres of land in Tn, built a house, installed a fence around the property. ...

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Old Oct 5th, 2009, 11:20 PM   #1
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Default Fence line in question

Sixteen years ago we bought 5 acres of land in Tn, built a house, installed a fence around the property. On one side, our property is next door to another 4 acres of pasture land. The entire road frontage and about an acre or so of this 4 acres was leased to a church for a cemetary many years ago. There is a circle drive which encompasses the entire cemetary. Our fence was installed 16 yrs ago. No one in those 16 years has ever questioned if our fence was over our property line. Now a lady has inherited this land and wants to sell it so she had the property surveyed. The surveyors jumped my fence and put stakes in my yard (some as much as 20 feet) from the street all the way back to the back of my property. The stakes are zig-zagged in and out from the street to the back and looks awful. The problem for the buyers of this property next door is the right of way to go past the cemetary to the property behind the cemetary where they have said they are going to build a house. There is a drive on each side of the cemetary that goes to the back of the property, but they are wanting a 20 ft wide drive. (no way they have 20' in straight line)They have offered to pay to have my fence moved. My question is if the original survey agrees with this new survey do I have to move my fence even though no one has complained about it all these years and if I do have to have it moved should I have an agreement drawn up by a lawyer to ensure they move the fence in a professional manner and not just do a half way job to get it done and it fall down later. It is going to look just horrible and I am afraid it will hurt the value of my property.
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Old Oct 6th, 2009, 11:01 AM   #2
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Default Re: Fence line in question

You can try to argue to a court that they lost their rights due to the time that has passed and you might prevail. But generally the rule is you would have to move the fence or make some agreement with them.
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Old Oct 8th, 2009, 04:51 PM   #3
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Default Re: Fence line in question

The new owners have agreed to install new fence on the property line between our properties. Will not look good but seems the right way to go. Thank you for your reply.
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