How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118087
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Does the seven year Fence law in Arkansas still exist?

Resolved Question:

Does the seven year Fence law in Arkansas still exist?
Submitted: 9 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 years ago.
You are referring to acquisition of property by adverse possession and in Arkansas to establish title by adverse possession, the adverse claimant must prove that he has been in possession of the property continuously for more than seven years and that his possession was visible, notorious, distinct, exclusive, hostile, and with intent to hold against the true owner. McLaughlin v. Sicard, 63 Ark. App. 212, 216, 977 S.W.2d 1, 3 (1998). If you know the fence was on their property and is legally theirs, and you do not have that land on your title or you are not able to prove you held the land, then you do not have a good chance at succeeding.

I hope you found my answer helpful, please click on the GREEN ACCEPT for each of my answers. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

Customer: replied 9 years ago.
Reply to PaulMJD's Post: The neighbor is wanting to take their fence down and come though our private lane. They already have a driveway from the front side of their own property. I do not want them taking their fence down and using my private lane to my family property. Can I force them to leave the fence up that would give them access to my private family Lane?
Expert:  Law Educator, Esq. replied 9 years ago.
They can take the fence down if it is theirs and on their property, but unless they have been granted a right of way under their title, they cannot use your family lane and you can sue them for trespassing if they do. You could also place a fence on your property to prevent their access to your private lane.
Law Educator, Esq. and 8 other Legal Specialists are ready to help you