Boundary issues are not uncommon in rural settings.
What if a survey doesn’t match an existing fence line? How is the actual legal property boundary determined? Can an existing fence not placed on the actual surveyed line between two tracts of farmland become the legal boundary? How do disagreements get resolved?
These are some of the common boundary questions.
Boundary issues in agriculture — that’s the topic of today’s Firm to Farm blog post by RFD-TV ag law and tax expert Roger McEowen with the Washburn School of Law.
What is a Boundary?
Landowners generally consider existing fences to be the boundary between adjacent properties. But the law may view things differently. The actual boundary is an imaginary line that can be found by examining the deeds to the adjacent properties. An existing fence line is merely evidence of the location of the boundary line between the properties. It is immaterial whether the fence is a permanent fence or not.
However, there may be situations where the fence line has become part of the property description over time as the land changes hands. The fence line may be considered the legal property boundary in that situation. But, if a parcel is described by mapping out survey lines, an existing fence may not be on the surveyed boundary. Instead, the adjacent owners may have treated that old fence as the boundary. When that happens, the old fence can be substituted for the actual legal boundary under the doctrine of practical location.
Once that fence has been used as the boundary for a set period (defined by state law), it can become the legal boundary by filing a court action to quiet title. In the ag setting, boundaries are often determined by usage rather than by survey.
Misplaced Fence as a Legal Boundary
An existing fence may not be on the surveyed boundary, but there are ways it can become the legal boundary between separate tracts of farmland. While the mere passage of time does not cause a fence line to be substituted for the actual property boundary, the manner in which the adjacent property owners have used the property over time might. This is true if the party claiming title to a disputed area knows that the existing fence line is not on the property boundary and uses the additional property between the true boundary and the fence line as their own.
If the true boundary is unknown, courts typically examine the intent of the party benefiting from the misplaced fence. If the property is occupied by mere mistake, the boundary won’t change. But, if one party possesses the property believing the land to be his up to the mistaken line and claims title to it, the boundary can shift if the true owner knows of the other party’s assertion of ownership and does nothing to prevent if for a period of time set by state law. This is known as adverse possession.
A boundary that changes based on these facts is formalized by a “quiet title” action in court.
Settling Boundary Disagreements & Conflicting Surveys
What are some ways to resolve boundary disputes that are short of going to court? For starters, check the land records to see if there is a recorded fence agreement. While uncommon, if an agreement exists, it will bind the adjacent landowners.
Another way to settle a dispute over an uncertain boundary is for the parties to execute a memorandum of understanding designating the existing fence line as the boundary. The memo can also be recorded in the land records. Once recorded, it will bind the present and subsequent owners of the property and their successors.
If a boundary remains in dispute because of conflicting surveys, any boundaries and markers set by the first survey conflict with a subsequent survey. This is true even if the original survey contained errors.
When a boundary dispute involves a disagreement between surveys, consider how the use of the land has been affected by the original survey’s location of the boundary. If the fence was erected along the old but erroneous survey line, and the parties have actively farmed to the fence line, the fence should not be moved. If the fence does not follow either the original survey or the later survey, the true boundary line may need to be designated.
Conclusion
Boundary disputes are not uncommon when agricultural land is involved. Hopefully, this brief review provides some insight. You can find more ag law and tax insights from Roger McEowen on his Substack blog:
