- Fencing is a common form of trespass. The law has provisions for a trespasser to be granted adverse possession (ownership) or a prescriptive easement (right to use) to land if the situation has existed for a predetermined amount of time -- usually 20 years, but sometimes less. Court decisions have been inconsistent, making the outcome uncertain for both parties. It's wise for the property owner to address the situation quickly. A fence is a significant asset for the trespasser's case.
- A number of factors can affect the legal location of a line fence. A few feet here and there may seem insignificant. But in time that land could slip from the owner as the fence creates the conditions for the trespasser to make claims for the land. Posting signs on the property isn't enough to protect property owners from such claims. Written permission or an offer to rent the land will be more effective.
- If the fence is encroaching because of a misunderstanding about the location of the property line, a surveyor can verify its correct alignment. Some jurisdictions appoint fence viewers to investigate such conflicts. The fence viewer may order a legal survey, with the costs to be shared by the two property owners. There may be an arbitration process outlined by the local authority. When there's reason to believe the fence construction is a prelude to making a claim on your land, consult a lawyer.
- It's important for property owners to stay informed about activities on the property, regardless of whether they're living there. Local governments recognize the inherent conflict a line fence represents to neighbors; fence installation is regulated and even inspected in some places. But if the fence is constructed and unchallenged for a period of time, it could pose a threat to the property owner's rights to the land. Even a friendly agreement needs to be in writing.
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