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My son bought a peice of land with a house on it the line fence…

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My son bought a peice...
My son bought a peice of land with a house on it the line fence had been moved over 20 years ago by the farmer who had originally sold the land to a relitive. Now the farmer has died and the relitives taking care of selling the farm want the line fence moved back. I had herd to a fence in place for 20 or more years is a legal line fence and if it is not is my son responcible for moving it.
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 14 minutes by:
6/18/2010
Real Estate Lawyer: JBaxLaw, Lawyer replied 8 years ago
JBaxLaw
JBaxLaw, Lawyer
Category: Real Estate Law
Satisfied Customers: 11,396
Experience: Experienced Real Estate Attorney! How may I help you?
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You are referring to the legal concept of adverse possession. In Wisconsin, if a person adversely possesses property for an uninterrupted 20 year period they may commence an action to establish title to the property. Unfortunately, the scenario you describe would not meet the adverse requirement. It appears that the fence was voluntarily placed as opposed to adverse and without permission. Because of this you would not be able to claim ownership of the property where the fence is placed.

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Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.
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Customer reply replied 8 years ago
OK yes the farmer moved the fence on his own giving up some land the land has changed hands several times since then was bought back by a family member and sold to my son if it is not a legal fence line who is responsible for moving it back
Real Estate Lawyer: JBaxLaw, Lawyer replied 8 years ago
It appears the fence needs to be relocated on your son's property. The other property owners could demand the fence be removed and if it is not they could file a trespass action. If he disclaims ownership of the fence, it could be removed as opposed to relocated. If he wants the fence moved onto his property, he should negotiate to share the costs.

Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.
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Customer reply replied 8 years ago

He does not want it moved onto his property the family of the farmer wantsit moved

Real Estate Lawyer: JBaxLaw, Lawyer replied 8 years ago
He does not have to allow the fence to be moved onto his property. If he disclaims any ownership of the fence, the other party would need to remove it. They cannot force the fence to be placed on his property. It appears that the other property owners own the property and the fence. If this is the situation, the fence is their issue to handle.

Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.
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Customer reply replied 8 years ago
A line fence is a shared responsibility but shouldn't the famliy member of the farmer that sold him the land be responsible for having it in the right place before selling it
Real Estate Lawyer: JBaxLaw, Lawyer replied 8 years ago
I appreciate you patience. This is not a shared fence as it is not on the property line. The statute of limitations has expired to hold the seller responsible for the placement of the fence.

Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.
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