Adverse Possession .
The fence was built before the passage of the law: If a previously existing fence violates new height regulations, in most cases it can remain.
An older line of Arkansas cases held that a landowner has the right to build any sort of structure on their land, even if it causes annoyance to a neighbor and even if the … § 2-39-103 § 2-39-105 - Maintenance of division fences. Property Law. We have never contacted the neighboring land owner nor have we protested his invasion of our property in any way. Property Encroachment. You are referring to acquisition of property by adverse possession and in Arkansas to establish title by adverse possession, the adverse claimant must prove that he has been in possession of the property continuously for more than seven years and that his possession was visible, notorious, distinct, exclusive, hostile, and with intent to hold against the true owner. § § 18 … If you set your fence back from the property line, 20 or 30 years from now people might forget that and assume the fence is on the property line. So, if in 20 years, your neighbors run to court to claim adverse possession, you’ll be able to defeat their claim by introducing evidence of the rental agreement and annual payments.
However, if a person has possessed property for 7 years under “color of title” they may seek an order granting ownership of the property by adverse possession. 212, 216, 977 …
For a nominal amount (say, $15 per year), they can keep their fence over the property line and use that three-foot strip. Some states have also passed laws regarding "spite fences," which are fences built with the malicious intent to annoy or harass a neighbor. A variance applies: A person can apply for a variance, a one-time exception to the law, if they intend to build a fence that violates a local ordinance. An Agricultural Law Research Project States’ Fence Laws State of Arkansas www.NationalAgLawCenter.org . § 2-39-106 - Sufficiency. 2 Ark. State laws are easy to find; look under "fences" in the index to the state statutes, which is available at a county law library (in or near the courthouse).
Top Answer. In some rare cases your neighbor might even be able to claim they now own the property up to the fence, of you fail to 'maintain' that strip of land by mowing it, or walking it, etc. It's called the law of adverse possession.
Can a fence become ... Can a fence become the property line after 7 years? For over 25 years, there has been a fence separating my property from my neighbor's property.
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