Oklahoma law and adjoining neighbors boundary line dispute. After doing a survey we find our land in the possession of the neighbor. We have 33 acres, 3.3 of our acres are possessed by adjacent neighbor due to fence. We have a Statutory Corporation Warranty Deed and have lived here three years and our neighbors (having lived here 26 years) state that the fence line rules because it has been in place for 50 years and recognized as their dividing line. What do we do?
Are we required to notify the neighbor of our survey and the land dispute by law? We do not want to be a Petitioner in court suit; we just want to put up a new fence, the old one is in serious need of repair; and, we want to put up a fence on the boundary line. Also, for Oklahoma, does this mean the cost of the fence is shared? And, on our 3 acres they are possession due to fence, they have cut down at least 5 or more trees since we have lived here and even more stumps and there is a hay field which we have been deprived of receiving monies from that hay if we had been able to have our own land and use it.
Can we make a claim for damages and costs of land via a Breach of Convenant with our deed. We bought the property from a Bank; it was REO and we paid $85,000 cash. We paid for Escrow and Title Insurance and our policy commitment at closing stating "there were exceptions" and not listing this obvious "encroachment" was changed after asking the title office if they covered fence line disputes and they then provided a policy stating "does not cover encroachments,etc. Is this legal? I am 63 years and on SSDI for anxiety and panic disorder as well as fibromylgia, shingles, arthritis...I read of a "two year extension to file a civil "fraud" for statute of limitations when a landowner has a "legal disability". Any knowledge on this?
Closing date of escrow: 4/23/2010
Date of recorded deed:5/4/2010