Property Dispute


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For those not familiar with the backstory check out the Lounge thread titled: What would you do?

Here is the latest news...

This came in the mail today. I will consult with a real estate lawyer next week. Again, the property in dispute is less than a half acre along the eastern and southern borders.

Eagleton Attorney Letter.jpg

Arial Map.jpg

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Good luck with it Frank.  Shame it has turned in that direction.  One thing I would be certain to do is to take many pics of the fence in question.  If it has not been kept up and is not in a straight line, think you have a strong case for arguing the fence is not a maintained structure that follows the deed.  Unfortunately no way you can know how long the guy has kept the fence.  

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Yep - I recorded a video showing where it is on the ground, washed out, buried, and overgrown with brush. The south west corner also impacts my neighbor as the fence is well off his line as well - probably even the neighbor next to him. I'll report back after speaking with the lawyer.

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Sheesh. Man that sucks having to deal with all of this nonsense Frank. It sort of puts a damper on the excitement of owning new ground. I never realized there was a law about a fence becoming a set property line after 20 years. Hope you get this resolved with out too much of a problem.

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Thanks Tim. I met with a lawyer and he said it could go either way if it goes to court. He said that the fence owner has to prove it was placed under hostile conditions and remained as such for 20 years. The original owner is deceased and the land went into a trust fund about 5 years ago. The lawyer is craftign a reply letter to send out. It does take some of the excitement out (but not as much as those biting gnats)! I can't even get out there until they die off. I think they are no-see-ums.

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Midges, biting gnats,  and no seeums are all the same I think.  Have them here and they can be frustrating to say the least.  Lately here the deer flies and the face flies have been relentless.  Want to get cameras going again, but not in a rush.

Midges are the carrier for blue tongue and ehd.  

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  • 6 months later...

Not from prison! LOL

I would contact them but I'm not in a position to purchase any more land for the foreseeable future.  I know they had leased it to an outfitter and that may be an option. I won't contact them for a while as it would be in bad taste. I'm sure they knew the back story.

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Bill Eagleton had owned thousands of acres William. Much of it to my east and south. The 1/2 acre in dispute was the eastern and southern boundary line that separated my land from his. An old cattle fence that was probably 30+ years old and not maintained for a decade was the issue. I'm not even sure who put it up. I don't think Bill Eagleton did as he acquired the property about 15 years ago when his parents died. The surveyor staked my land to be on the other side of this old fence. In places it was only a couple feet from the old fence but in other areas it was 20 yards. If you add up the entire amount it would be about a half acre. Legally it is my land as of right now. The new owner will have to go to court and take the 1/2 acre from me. Court costs will be in excess of 2 thousand dollars and the land isn't worth that much. If the new owner would have to prove that the Eagleton's put up the fence. If they can't prove it then they will not get the decision. They may not get the decision either because it hasn't been maintained for a long time.

So he was all concerned about this small amount of ground when he owned thousands. Well, you can't take it with you. If I tried to lease some of it - it would be 50-100 acres or so to my east or south.

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