Is That Old Fence Really the Boundary?

Описание: Roger McEowen, interviewed by Greg Akagi. For rural properties, fences are generally considered by the landowners to be the boundaries. But by law, the actual boundary is an imaginary line that is located according to the property description in the deeds to the properties. It is this discrepancy between the existing fence and the legal boundary that can create issues between adjacent landowners. It’s best to know the rules so that you can get a dispute resolved quickly and efficiently, or not get into a dispute in the first place. How are these issues resolved? What factors are relevant in determining where the actual boundary is located. Professor McEowen discusses the basic principles on how property line is described, whether an old fence line can be substituted for the actual boundary when it is not on the surveyed line and the various ways in which adjacent landowners may agree that an existing old fence actually constitutes the boundary.

Roger McEowen is the Professor of Agricultural Law and Taxation at Washburn University School of Law in Topeka, Kansas. From Kansas AG Network / 580 WIBW, Ag-Issues Program, May 3, 2021; uploaded with permission.