Real Estate Law
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Thank you for the information and your question. Unfortunately, I am afraid that if this neighbor's survey is correct you have no legal basis to retain that portion of the acreage. In other words, it would be the neighbor's land to retake unless he is willing to quit claim that land to you for a certain sum of money. The fact that the fence has been in the wrong location for many years does not create a legal right to the land. Adverse possession only occurs if you had also been paying the taxes on the land all of this time.
You can always have your own survey done or check the records at the County Property Appraisor's Office to make sure he is correct.
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As mentioned, you would not qualify for adverse possession since you have apparently not been paying taxes on that land, which is a requirement under adverse possession laws in Indiana (and most states). Also, as mentioned, if you are not satisfied that his survey is correct, you can have your own survey done or check with the property appraiser's office for the legal description. But generally having your own survey done is the way to ensure who is correct.
No problem. Again, feel free to ask follow up questions if you have them.
I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 8th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.
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