Legal Question in Real Estate Law in Indiana

when and how do fences become property boundaries

When we purchased our home there was a fence in place that we thought extended beyond our property line. Our city owns the adjacent land and has leased it for 99 years to a local organization. We approached the city about buying this extra 30 foot strip and they declined. (I said nothing about the existing fence.) I took out the old fence and replaced it with a new one in the same location. I will be having a survey done shortly that will probably show the fence is on the city's property. If I leave the fence in place will it become the legal property line in time? How long will it take and what should/can I do in the meantime?


Asked on 3/04/02, 11:21 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: when and how do fences become property boundaries

It is possible that the theory of adverse possession could apply so that after 10 years of open and obvious assertion of ownership you would be entitled to quiet title in litigation to that strip of land. You would need to do more than fence it.

However, it might depend upon who built the first fence - did each adjoining landowner pay for 1/2? It might also depend upon what community you reside in and whether there is a specific fence ordinance or whether the state law on fences applies. You need to check with an attorney in your locality.

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Answered on 3/04/02, 3:59 pm


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