|
|
 Ms Bling Bling Sleeze Kitty
Posts: 20917
  
Location: LouLouVille, OK | Any legal peeps on here?
Bought a place and the survey stakes were off where the exsisting fence is,
The fence is old, it's been there at least 10-15, maybe longer years.
So a new neighbor gets a survey on their land, and of course they are on our land and are trying to tell us we will have to let them move the fence, do we have to?
|
|
| |
|
Elite Veteran
Posts: 915
Location: SE KS | I live in Kansas, and this situation can get hairy quickly. My aunt & uncle ended up losing a portion of their property due to something of this sort! They even had an attorney!
|
|
| |
|
Ms Bling Bling Sleeze Kitty
Posts: 20917
Location: LouLouVille, OK | We are going to talk to an attorney, the sucky part is that if we go according to those stakes they set for us, we would be in the neighbors back yard on the south side
the old geezer that is doing all this is on the north and had all this land given to him, from what he told me and I wanted to say really? your going to inconvience and take away from the south neighbors just to get an acre? out of how many? 500???
We were told if the fence has been there 7 years it stays
but now wondering
|
|
| |
|
  That's White "Man" to You
Posts: 5515
| I've never seen a suvey turn out the same as a prior survey. It all depends on where they start. If you can agree to keep the fence line where it is, then no big deal until one of the two of you try to sell your property. Otherwise I'd just let them move the fence. Or you could get a new survey and then try to resolve it off the difference of the two surveys. But you do not have to do anything unless you are encroaching on their property and they want it moved. |
|
| |
|
Ms Bling Bling Sleeze Kitty
Posts: 20917
Location: LouLouVille, OK | our east fence is on their land according to his survey. but our south neighbors land is on ours... geesh...what a pain
|
|
| |
|
 Expert
Posts: 1343
 
Location: Oklahoma | Yes, from what I remember from real estate school - the "law of adverse possession" or "squatter's rights" in Oklahoma is 7 years. If the property line was not questioned for 7 years or longer then it's yours. Laws could have changed, though, since it has been over 15 years since I went to real estate school. |
|
| |
|
 The Bird Lady
Posts: 6440
Location: The end of the Earth, SE AR | This happened to us here in AR. The witness tree is gone and each surveyer comes up with a different property line. I came home from work one day and saw a survey stake in our pasture. I couldn't pull it up so I pounded it down below the dirt. The neighbor came by and said he owned part of our pasture and I told him that I was following both laws of adverse possession and the fact that there is an old fence still in the trees along the original property line and that both my lawyer and I claimed the old fence line as the property line. I told him if he had any property line issues he needed to have his lawyer talk to my lawyer and not to me. He left and that was the end of that. BTW, I'm glad he didn't ask for the name of my lawyer cause I don't have one! We both have been honoring the old original property line. |
|
| |
|
Ms Bling Bling Sleeze Kitty
Posts: 20917
Location: LouLouVille, OK | shaunar - 2014-10-21 12:32 PM Yes, from what I remember from real estate school - the "law of adverse possession" or "squatter's rights" in Oklahoma is 7 years. If the property line was not questioned for 7 years or longer then it's yours. Laws could have changed, though, since it has been over 15 years since I went to real estate school.
That is what we were told when we bought it, so we didn't push the issue, the old owners had been there over 10 years with that same fence.
Seriously if we then, moved the fence to those stakes I would own half of the south neighbors pool.
this old fart has hundreds of acres that were given to him, his wife inherited and he wants to make a big deal of this now? geesh
|
|
| |
|
Ms Bling Bling Sleeze Kitty
Posts: 20917
Location: LouLouVille, OK | rollingrfarm - 2014-10-21 12:32 PM This happened to us here in AR. The witness tree is gone and each surveyer comes up with a different property line. I came home from work one day and saw a survey stake in our pasture. I couldn't pull it up so I pounded it down below the dirt. The neighbor came by and said he owned part of our pasture and I told him that I was following both laws of adverse possession and the fact that there is an old fence still in the trees along the original property line and that both my lawyer and I claimed the old fence line as the property line. I told him if he had any property line issues he needed to have his lawyer talk to my lawyer and not to me. He left and that was the end of that. BTW, I'm glad he didn't ask for the name of my lawyer cause I don't have one! We both have been honoring the old original property line.
LOL
I told him we had talked to a lawyer, the real estate people, the survey people, you name it and they all said the fence stays were it is if it's been there 7 years
|
|
| |
|
 Tough Patooty
Posts: 2615
Location: Sperry, OK | 15 years (I could be wrong on the year, but that is in my head) usually makes a fence line a property line in OK (a fence line that divides properties, not a fence around your yard). You might check with an attorney to verify, but my dad didn't have to move a fence for just this reason. The ranch to the South of my dad ran their fence crooked 30 years ago, so when they came through a few years back replacing it (cause their cows kept getting out), they caught my dad outside and told him they were going to move the fence back to the original property line, which would have taken a good chunk of land away from my dad (not like several acres, but maybe a 1/4 acre). Dad told them no, the fence was there for more than 15 years and it would not be moved, that it was law, the new property line was now where the fence was. Dad did not lose any land.
Edited by ACEINTHEHOLE 2014-10-21 12:41 PM
|
|
| |
|
Ms Bling Bling Sleeze Kitty
Posts: 20917
Location: LouLouVille, OK | ACEINTHEHOLE - 2014-10-21 12:39 PM 15 years (I could be wrong on the year, but that is in my head) usually makes a fence line a property line in OK (a fence line that divides properties, not a fence around your yard). You might check with an attorney to verify, but my dad didn't have to move a fence for just this reason. The ranch to the South of my dad ran their fence crooked 30 years ago, so when they came through a few years back replacing it (cause their cows kept getting out), they caught my dad outside and told him they were going to move the fence back to the original property line, which would have taken a good chunk of land away from my dad (not like several acres, but maybe a 1/4 acre). Dad told them no, the fence was there for more than 15 years and it would not be moved, that it was law, the new property line was now where the fence was. Dad did not lose any land.
Good to know! it's pretty much what we had been told, this guy tried to tell me unless we had owned it for 7 yrs we were going to have to move it, I laughed and said no, I don't think that's how it works... that the fence was there for more then 7 that is the property line.
|
|
| |
|
 I Prefer to Live in Fantasy Land
Posts: 64864
Location: In the Hills of Texas | Isn't it interesting that people that get something for nothing seem to always want more?
|
|
| |
|
 Hugs to You
Posts: 7551
Location: In The Land of Cotton | Nevertooold - 2014-10-21 2:14 PM Isn't it interesting that people that get something for nothing seem to always want more?
I see that every day here at work. |
|
| |
|
Ms Bling Bling Sleeze Kitty
Posts: 20917
Location: LouLouVille, OK | 3canstorun - 2014-10-21 1:15 PM Nevertooold - 2014-10-21 2:14 PM Isn't it interesting that people that get something for nothing seem to always want more?
I see that every day here at work.
LOL
My thoughts exactly, I would put money on there is at least 300 acres back there, at least, it's probably more like 500 cause he sat and told me how her dad bought all this land and her and her sister got it all... and NOW that they have been married 55 years and lived there the entire time, he wants this fence right? where was he when it was put there in the first place? oh thats right just down the hill!
I just found out it's 15 yrs in Oklahoma... I do know that the gal that owned it before us, was there since 06 and that fence had been there, just gotta track down the person that owned it before her and see, but I would put money on that fence being there over 20 easy
|
|
| |
|
Extreme Veteran
Posts: 596
Location: Somewhere in the middle of nowhere | We have been going through this in NM.....after a lot of money and frustration, the people have to purchase the property from us. These people definitely want something for nothing....usually the just take it and lately they have gotten caught.  |
|
| |
|
 Owner of a ratting catting machine
Posts: 2258
| I guess I'll be the odd guy out and be the one that would want the property I own, however I got it, behind it's proper fences. Don't know why he'd care about your southern boundary, but sounds like the northern boundary is definitely his business. Property rights are property rights, you either legally own it or you don't. He's paying prop taxes on something you currently get to utilize. |
|
| |
|
Ms Bling Bling Sleeze Kitty
Posts: 20917
Location: LouLouVille, OK | Oh Im not sayin that at all, he is entitled to the land that was given to him. but when the fences have stood for (Im finding out over 30 years, why move them now, it's a acre out of over 300 for him that they don't even use...lol)
He's basically going to cause a ripple effect over almost an acre, cause then we will move our fence to where the stake is, which will put us in the neighbors back yard, the sad reality, there is a horse buried there with a huge cross, and that will be on our property if we move our fence to be where it should be... and I am sure that ranch thought alot of that horse to go to such a great length :(
|
|
| |
|
Extreme Veteran
Posts: 596
Location: Somewhere in the middle of nowhere | All I will say is I hope you both find a way to get along and make it work for you both. The people we have been dealing with have also inherited the land, its not much but they maintain nothing....not the land, fences, NOTHING! Yes, property lines change over time depending on who is doing the survey and court gets VERY costly. Prayers all works out for you. |
|
| |
|
Industrial Srength Barrel Racer
Posts: 7268
| Nevertooold - 2014-10-21 1:14 PM Isn't it interesting that people that get something for nothing seem to always want more?
Sort of like people who don't WORK who want more and MORE benefits isn't it? - Geez - I hope this works out for you - he sounds like a greedy pig. |
|
| |
|
Ms Bling Bling Sleeze Kitty
Posts: 20917
Location: LouLouVille, OK | thanks for the prayers, It just sucks because they have iinherited this land over 20 yrs ago and we just bought this place a couple months ago and NOW they r worried about it.. it will all work out lile it should but if the people south of us are gonna hate it if we fence where those stakes are or they will have to buy that from us. From what i gathered last nite hes prob gonna get to move it unless he will sell it to us and i take it they dont sell so its gonna be a matter of the south side but they will also know we have no choice since we paid for it to redo the fence or they come up w some cash :( im praying they just sell us that acre and we can in turn sell the south neighbor that other acre and call it even |
|
| |
|
Ms Bling Bling Sleeze Kitty
Posts: 20917
Location: LouLouVille, OK | thanks for the prayers, It just sucks because they have iinherited this land over 20 yrs ago and we just bought this place a couple months ago and NOW they r worried about it.. it will all work out like it should but if the people south of us are gonna hate it if we fence where those stakes are or they will have to buy that from us. From what i gathered last nite hes prob gonna get to move it unless he will sell it to us and i take it they dont sell so its gonna be a matter of the south side but they will also know we have no choice since we paid for it to redo the fence or they come up w some cash :( im praying they just sell us that acre and we can in turn sell the south neighbor that other acre and call it even
Edited by cindyt 2014-10-22 8:23 AM
|
|
| |
|
Miracle in the Making
Posts: 4013
| hey cindy
fyi its the same here in ga read any good books |
|
| |
|
Ms Bling Bling Sleeze Kitty
Posts: 20917
Location: LouLouVille, OK | vjls - 2014-10-22 8:11 AM
hey cindy
fyi its the same here in ga read any good books
no good books in years! Lol |
|
| |
|
 Expert
Posts: 1960
Location: NW Arkansas | Well it really sucks when you're on the other side of the fence and pay for property that the other person claims because the fence hasn't on the line for years. Right after we bought our property the guy to the south of us told us the fence wasn't on the line--he and the previous owners had shifted it north and nailed it to the tree line because it was easier to maintain the fence. When we had the place surveyed whe we bought it and then put the fence back on the line he screamed about it-- and he's the one that told us it wasn't on the line. However, the previous owners hadn't fussed about the fence not being on the line nor did they mention that the property they were selling wasn't the original amount due to the fence being off the line. So yeah, if it's in your favor it's a good thing, but if you're loosing several acres at $4k an acre it isn't.
Edited by Arkiecanchaser 2014-10-22 12:44 PM
|
|
| |
|
 Playing the Waiting Game
Posts: 2304
| You lie I'll swear too it... I'll stand up in court and tell them I put the fence in the year we moved to Oklahoma in 1994!!! I'd tell them YOU PROVE to me it hasn't been there for 15 years!
|
|
| |
|
Ms Bling Bling Sleeze Kitty
Posts: 20917
Location: LouLouVille, OK | ^^^ lol
The other funny part of this, is the place to the south, my boyfriend used to work there 30 years ago and remembers putting that south fence up! and swears that the other fence was there at that time as well, so it's been up for over 30 years.
We would gladly pay him for that acre if he will sell it, just waiting to talk to him again, and then sell our acre to the neighbor that is to the south of us and we should all be happy! otherwise  |
|
| |
Laws of the land..In Oklahoma, I have a question!!!