Family Dispute on Property Line After a Survey

[sjadams01]

My question involves real estate located in the State of: Arkansas
Recently land that was inherited was surveyed for the first time. In the survey it was discovered that where a family member had a fence was actually several feet onto the other siblings property. The land was survey twice and the same result everytime. The family member wants to put a fence up on the actualy property line but the other says that since the fence has been there the land is now his. Since this land is inherited land not purchased land can a fence be built on the actual property line regardless of how long the fence has been there? The fence that was built was never intentened to be a property line just used to fence in horses. This was a non verbal agreement between the sister and brother regarding the adjorning land and where the fence was fine with the understanding that it was not the actual property line. Now since the brother has passed and the land was surveyed the son is not willing to give up the land.

[LandSurveyor]

Perhaps when you said "non verbal agreement" you actually meant verbal agreement.

If the fence was a "convenience" fence for some other purpose than limiting the boundary, it would be difficult for it to become the new boundary without the agreement of both parties.

It's probably a good idea to run this past a local real estate attorney for an opinion. You already have the opinion of the surveyors, and in a court case, they will likely be the only expert witnesses to be in attendance.