Legal Question in Real Estate Law in Indiana

Re: Fence used as a boundry line

Title 32 of the Indiana Code was revised in 2002. Currently the Fence Law is found at 32-26-9. This controls maintenance of partition fences located outside a municipality.

The new statute on adverse possession is found at I.C. 32-21-7 but does not a specific time limit.

The root title time for marketable title is 50 years. Hence I am uncertain until there has been new litigation that has gone up on appeal whether a 10, 20, 40 or 50 year period will be applied.

A person who believes that the existing fence is what prior and current owners have agreed is the partition line is encourages to have a survey drawn up and to file a notice with the County Recorder of his intent that the fence is the boundary line. (Yes, there is a statute allowing that to be done too.)