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  1. #1
    Join Date
    Jan 2007

    Default Rural Property Line Dispute in Arkansas

    An old existing unpaved county road, apparently originally entirely within and along the boundary of my property for 1/4 of a mile on one side, was widened by the county approximately 4 years ago, but remains unpaved. No survey was conducted, and where the county should have taken 25 ft on either side of the deed specified line, they did not, and the entire 50ft was taken from my property with no compensation. This is not the issue. Slightly less than one year ago the owner of the adjacent land on the other side of the road died and the land was purchased by a new owner, who has now subdivided that property, retaining some land that reaches the property line, but surveying three lots also along the 1/4 mile frontage. The clear intent is to connect the 3 lots via individual driveways to the county road. When the county widened the road, they replaced the old fences with new 5 strand barbed fencing, placed on the outside top bank of the ditches, approx. 50ft apart, parallel to the road. Survey with modern equipment within the year, indicates the actual boundary between the 2 properties to be a line that runs from 3ft on one end, to approx 5 ft on the opposite end of the 1/4 mile, into the adjacent property opposite the fence. The fences erected by the county DO NOT establish property lines. In this county public right of way is defined as bottom of ditch to bottom of ditch, therefore I own from the bottom of the ditch up the bank a few feet thru the fence to the line. Thus the newly surveyed lots, nor any part of the adjacent land reach the public right of way. I do not wish to allow these driveways, and the entire opposing property is bounded on it's remaining 3 sides by 2 other county roads and a state highway, so there are multiple options for the new owner to construct common or individual access to the roads for the new lots. A consulting lawyer reviewing the information has suggested a letter to place the new owner on notice that this small strip of land is not be breached, which is the apparent intent. What other action should I consider?

  2. #2
    Join Date
    Jul 2006

    Default Re: Rural property line and county road issue in Arkansas

    Get a survey.

    Make sure the survey shows your land clearly and the problems you explain above.

    Then record the survey in the land deed records of the county where the land is.

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