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Good afternoon, we put a fence up in July of 2003, and had

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Good afternoon, we put a fence up in July of 2003, and had a survey done at the time our neighbor that lives behind us is also putting a fence up and had her own survey done and is now saying the back part of our fence is 6 inches on her property (she says the fence is on the property line but the posts are on her property, the posts are only 3 x 3 and set in concrete.) The survey we had done in 2003 wasn't filed with Johnson county for whatever reason and I can not find our copy. I have heard there is a law of Imminate domain but I'm not sure of this applies to us or what our options might be. Thank you.

I am a professional here to assist you. I appreciate your use of this service. I see your neighbor claims your fence posts are on her property. You mention imminent domain. This concept applies to government taking of property and not taking between private property owners. You are probably confusing this with the concept of adverse possession or prescriptive easement. These legal concepts state that if you use someone else's property for a number of years, you acquire the right to keep using the property. In Indiana, the law requires adverse use for 10 years and the payment of taxes for the piece of property. To acquire an easement by prescription no taxes need to be paid, but you must use the property adversely, without permission, for a period of 20 years.

You do not mention the neighbor demanding a removal. You may want to request a copy of the neighbor's survey. If you find your posts are on their property, you may want to try to negotiate some arrangement via written permission to continue using the land. Sometimes an agreement to continue using such land can be reached until such time as the fence needs to be replaced. Most such fences have a limited lifespan and upon replacement the post may be moved.

Please follow-up with me as needed. I hope you will take a moment to leave a positive rating for my efforts here. Please do not hesitate to follow-up with me if you cannot leave a positive service rating. Your satisfaction is my goal. I rely on these service ratings. I appreciate it.

Thank you
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