[QUOTE=Pocket Pony;8926079]
This is a interesting topic to me because one side of my property is not fenced. The back is and those neighbors put in no-climb, which is great. The other long side is fenced with barbed-wire along the property line. Previous owner put 3-rail horse pasture fencing a few feet inside the property line (we replaced it with no-climb). In the back, along that same barbed wire line, we put Horse Guard tape fence inside that line by a few feet.
I thought that if you didn’t have a fence along the property line - and instead fenced a few feet in - that those feet that you “gave up” could eventually be claimed by the other property owner.
I’m interested in putting up a fence along the one side of my property that is open, but are y’all saying that I should set it a few feet in, even though there is no fence there right now?[/QUOTE]
The key to avoid this is not to “give it up.” You want a paper trail confirming you know your fence is off the line but that you are still claiming it.
If I was refencing and just had an offset (I have an old field fence back in the trees that is my actual line) I would send my neighbors a very polite certified letter explaining the fence line was not the line, permitting them to do anything they were doing on it, and I would mow/maintain it. You need to do this every few years (shorter than the adverse possession law) and retain copies. This strategy works because “hostile” is one of the requirements of that tort, meaning they are using it without consent/permission. If you formally grant permission they fail that element. The certified letter return receipt lets you prove the communication happened.
However, before using this kind of practical, not legal, advice, check with your local attorney to make sure the elements are the same in your state and that you have done everything you need to in order to preserve your claim in your state. This would work for blackletter Tort law but state law can differ a bit, so it is well worth a discussion with a local attorney who knows this area of law.
I have a crappy, rusty old cattle fence around my property in the trees that marks the actual line. Walk your fence regularly so you know what your neighbors are doing on your land.