Sort of anyway. In my efforts to keep plenty of projects going at home, to keep me home except for (essential, for others, not for me) day work, I am putting in a cross wind runway. In laying out my access road, I for the first time noticed my lower fence line has a big jog in it, whereas my survey shows an arrow straight line. This is common in a lot of rural property around here, the old timers just eyeballed a lot of times, whether it was done on purpose or accidentally doesn't matter, and I wouldn't even care except it will make a big difference in some needed clearance to one of my large solar arrays. As I was eyeballing things, I thought "if that fence was moved over I could put the road HERE," and only then did I notice the big jog in it!

My first thought was to call the rancher who leases the ground from the absentee owner,telling him I was going to move the fence and why. My second and final thought, is to take a picture of the jog, and then move the fence, tomorrow, ain't asking anyone. He will have to redo the gate, which is just barb wire, no biggie, and I will help on that but I doubt he'll need any, it'll be a 10 minute job. He is weeks away from having cattle in there, and the sq footage involved is a fraction of an acre, out of 40. If it wasn't for the current craziness going on, I wouldn't have thought up this project, or discovered the discrepancy. I'm on good terms with all my neighbors, and plan to keep it that way.

No doubt, straighten it up and deal with it later if anybody starts crying!

Survey guys can locate pins, if it has been surveyed. Lots of 40 acre farms here in the Ozarks were stepped off. Consolidation of farms and original survey has led to feuds. The that rock fence or that big oak tree and seven years fence goes away with original survey.

A little heads up never hurts, I’ve seen dust-ups from land issues turn into legal affairs and lifelong grudges many times in ag. If you show him the survey and the line plotted on a map I’m sure he’ll understand.

I grew up on land that has been in the family since 1868. There’s currently 2 homes on it, with 4 others that I can think of that have been torn down or moved over the years. Last year my parents filed the paperwork to deed over a couple acres to my wife and I for building a home, and found out there has never been a survey on the place. Everything on record with the county is as Contact described, steps from a tree or cornerpost.

Every state has different ideas about "adverse possession" but in some places if the fence is in the wrong place long enough, they now own the land and the fence becomes the new property line. Hope it doesn't end up getting ugly along those lines.

I have decided, after a long talk with a mountain rancher neighbor a few miles away, to let this sleeping dog just lay there. Mostly because, as Dale points out, "it may not be right, but it's so," would probably apply as it has been like this for decades. Also because I decided on another route in that will work just fine. I can live it with as is

courierguy wrote:I have decided, after a long talk with a mountain rancher neighbor a few miles away, to let this sleeping dog just lay there. Mostly because, as Dale points out, "it may not be right, but it's so," would probably apply as it has been like this for decades. Also because I decided on another route in that will work just fine. I can live it with as is

If you change your mind, you could modify the coffee scene from the movie, Dirty Harry. Goes like this, You straighten out the fence. Rancher comes up and says" Damn it Tom, who gave you the right to move me fence over like this god dam it" Your response, while moving your hand slowly to your waist. " my new surveyors I hired, (short pause)... Smith...... and ... Wesson...

The adverse possession, years of existence of a fence, and gunplay become issues with unsurveyed subsections. The young surveyors with GPS accuracy will honor prior survey monuments, pins, and especially controls even somewhat off GPS spot. To prevent a chain of error, they start at an established control. This stuff has been going on since George Washington. In unsurveyed subsections, it is more honorable to give an inch than to get. And safer.

contactflying wrote:The adverse possession, years of existence of a fence, and gunplay become issues with unsurveyed subsections. The young surveyors with GPS accuracy will honor prior survey monuments, pins, and especially controls even somewhat off GPS spot. To prevent a chain of error, they start at an established control. This stuff has been going on since George Washington. In unsurveyed subsections, it is more honorable to give an inch than to get. And safer.

True wisdom.