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Determining the age of fence post
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<blockquote data-quote="boomer" data-source="post: 873685" data-attributes="member: 17475"><p>Thanks everyone for the comments. Well I'm not exactly young (41) but never owned a farm until four years ago and only now getting into the cattle business (actually hobby). I stopped at tractor supply store today and felt kind of dumb when I asked the question about the age of the metal T post. I guess they were very common even 40 years ago. </p><p></p><p>As for the adverse law in AL, it is broken down into two separate laws. First is a 10 year, where a hostile owner (meaning takes posession outright) and pays taxes on the property for 10 years. This happens a lot with foreclosure property. The second applies to me, where the hostile owner puts a fence on your property and you do not contest it for 20 years. The courts believe that 20 years is a lot of time to contest it. In my case, I bought the property for 4 years ago and did not realize his fence was 30 feet on my property for 1/4 mile. I only realized it when I notice the deed and the survey maps showed his fence was on my property. This was done about 10 years ago. As of now, the county deed books records that the property is still mine and therefor I am stuck paying taxes on it, even though he is using it for his cattle. I also paid for the disputed land when I bought 4 years ago. It hasn't gotten to the point where I need to take him to court to move his fence, but I predict it will amount to it as his son is a lawyer. </p><p></p><p>I am having a surveyer come out in two weeks to confirm the boundary tacon stakes. Also, I'll ask him for his opinion on the age of the fence. Furthermore, I talked to the realtor who sold me the property and he said in AL, the hostile owner has to prove he made improvements (such as a fence) on the property for 20 years to contest an adverse posession takeover. Hopefully he has no record to prove he put up this fence 20+ years. </p><p></p><p>Any advice, suggestion, or guidance would greatly help. Thank you!</p></blockquote><p></p>
[QUOTE="boomer, post: 873685, member: 17475"] Thanks everyone for the comments. Well I'm not exactly young (41) but never owned a farm until four years ago and only now getting into the cattle business (actually hobby). I stopped at tractor supply store today and felt kind of dumb when I asked the question about the age of the metal T post. I guess they were very common even 40 years ago. As for the adverse law in AL, it is broken down into two separate laws. First is a 10 year, where a hostile owner (meaning takes posession outright) and pays taxes on the property for 10 years. This happens a lot with foreclosure property. The second applies to me, where the hostile owner puts a fence on your property and you do not contest it for 20 years. The courts believe that 20 years is a lot of time to contest it. In my case, I bought the property for 4 years ago and did not realize his fence was 30 feet on my property for 1/4 mile. I only realized it when I notice the deed and the survey maps showed his fence was on my property. This was done about 10 years ago. As of now, the county deed books records that the property is still mine and therefor I am stuck paying taxes on it, even though he is using it for his cattle. I also paid for the disputed land when I bought 4 years ago. It hasn't gotten to the point where I need to take him to court to move his fence, but I predict it will amount to it as his son is a lawyer. I am having a surveyer come out in two weeks to confirm the boundary tacon stakes. Also, I'll ask him for his opinion on the age of the fence. Furthermore, I talked to the realtor who sold me the property and he said in AL, the hostile owner has to prove he made improvements (such as a fence) on the property for 20 years to contest an adverse posession takeover. Hopefully he has no record to prove he put up this fence 20+ years. Any advice, suggestion, or guidance would greatly help. Thank you! [/QUOTE]
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