Legal Question in Real Estate Law in Indiana

Property Line Dispute

My wife and I moved into our present home 10 years ago...On the North side of our property there is a 10' wide strip of land that adjoins our property and that of our neigbors...The previous 3 owners never took care of this property and my wife and I landscaped it. The new owner surveyed the property and advised us that 8' of this strip is his property. I guess he do whatever he wants with it...However, we installed a Sprinkler system...The contractor who installed it had the property surveyed and I am sure he would not place the sprinkler system outside of the property line. Our new neighbor has taken his landscaping beyond the sprinkler system by 4'' that is been in place for 8 years...Is there not a law that states that something that has been in place for period of time is assumed to be correct?


Asked on 6/03/07, 7:05 pm

1 Answer from Attorneys
Mark Voigtmann Baker & Daniels

Re: Property Line Dispute

There are two possible legal principles that could assist you here. The first is the concept of "adverse possession," which (greatly simplified) permits one person to take over ownership of property owned by another if that person (or a group of people) has exercised control and ownership over the parcel for more than 20 years. This would only work in your situation if not just you, but the previous owners of your property also, had exercised such control over the ten-foot strip. The second principle is taking title "by acquiescence," which basically allows the same result if the actions of the neighboring landowners appear to reflect a previous "agreement" on a particular boundary. This (of the two legal principles) would appear to be a more fruitful line of inquiry. If you would like to discuss this further, please feel free to call.

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Answered on 6/03/07, 9:20 pm


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