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  1. #1
    Join Date
    Apr 2009
    Location
    Santa Fe, NM
    Posts
    4

    Default My Neighbor is Disputing That My Fence is on His Land, Yet He is Using It

    My question involves real estate located in the State of: New Mexico My father gave me a piece of property that he purchased from my great uncle in 1998. He had it surveyed at the time, but the surveyor could not locate some of the points. My father and his mom(neighbor) decided to call the boundary at a certain point and she did sign the plat saying she agreed to it. I put a fence up a year ago, and my grandmother and uncle complained because they said it was on their land. They had a survey done, and found that the fence did encroach upon their property. Still, I have the signiture, but we are set to go to mediation to determine whether I have to knock down the fence. However, my uncle leans all of his junk up on his side of the fence, so he is utilizing it. If he does this, can he really have me legally tear down the fence?

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: My Neighbor is Disputing That My Fence is on His Land, Yet He is Using It

    Adjoiners have a nearly unlimited right to agree on and fix an indistinct boundary line which is in question, and reduce it to writing.

    It sounds to me like that is just exactly what was done.

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