Land Dispute

larsen

New Member
I need some advice. My neighbor to the south is putting in new fence on his half and he is about 5ft onto my side (IMO). As a typical farmer he brought in a track hoe and cleared out all the brush and trees on his side as well as encroaching onto mine.
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Anyway there is a deep ditch thats starts his half. He started the fence on the other side of the ditch. Should I pay for a surveyor? I called the board of trustees and the clerk told me in the 15 yrs of him being a trustee he said a fencing despute only came up once and the landowners settled it themselves. The other land owner is in his 70's and is tight as a you know what. I told him last night not to put up another post until we figure out where the line is. Any suggestions?
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Was their an existing fence already there? If so, in Iowa if it has been there for ten years and is recognized as the property line than that is the line... no matter what any surveyor comes up with.
 
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If so, in Iowa if it has been there for ten years and is recognized as the property line than that is the line... no matter what any surveyor comes up with.



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Kinda crazy isn't it. On the brighter side, it will work in my favor when I buy my inlaws ground.
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Hey Limb, there are no posts left and the old webbing is laying on the ground. Its hard to tell where exactly it was after the track hoe was in there clearing trees.
 
Does anyone have a good website for sattelite photo's? It may give me a little insight on the old fence location.
 
limb,
ist that the way it goes in iowa? if thats true the survey and deed dont mean squat! then I guess I need to walk every inch of the property line that has a fence and verify that that is the line? otherwise he gets my land just because of a fence? I need to do some serious digging now.one more problem to deal with! all I needed today.
 
That's the way it goes. I know of someone who had a survey that showed a fence was off from the legal description, but since it had been in place for the legal amount of time, he was hosed. He was also out the cost of the survey. You would think with GPS technology things would change, but every time there is a "winner", someone else loses.
 
Buck10,
How long have you owned your property? If I recall correctly, you have 7 years after the purchase to contest boundaries. If you don't question them within this time, then I guess that means you are happy with the fences. Maybe attorney time.
 
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Stupid ? from a guy up north.......is there a fence on every propert line there or at least most.
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Most older farms had fences around every field. This way, you could run livestock on the ground during the winter to clean up any waste grain (plus it kept the neighbor's livestock off your place. It used to be that almost every farmer had livestock. Now, many are grain farmers and are taking out the fences so they can farm from ditch to ditch.
 
I've owned it 2 yrs. When I origionally had it surveyed The east fence was actually 8' on to my property but the surveyor told me it would be hard to contest because it had been there for a long time. He never surveyed the border in question.
 
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Keep in mind that according to the Iowa fence laws, you are responsible for half the fence.

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Yes I am aware of that one. Thats another story. Why should I maintain a fence when I'm not making any money on the cattle on the other side of the fence?
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Every year I have to go through my half of the fence. My side is timber and his side is cattle pasture. In my case it's just part of being a good neighbor.

When you are standing on your ground at the fence line looking across to his ground, the left hand half is yours to maintain.
 
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Because if there is no fence the neighbors cows will eat your food plots, and, it's the law.

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I know just stating my opinion
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