Adverse possession question

[bjackson]

I currently own a 10 acre tract of land on beaver lake in arkansas. This property has been in my family for over 30 years. The owner south of our property was given permission to run his cattle on a portion of our property and we allowed him to put up a bob-wire fence to keep his cattle enclosed. Both my parents and myself, when deeded the property spoke to the farmer and agreed that it was with the knowledge that we were allowing him to use this property. He has since died and his widow sold his property to someone who is now running a wildlife preserve on his 240 acres, however, claims that the property that was being used by the previous owner(referring to my property) belongs to him. He has not filed adverse possession as of yet, but my fear is that he might. Would I be in my legal right to remove the old fence that sits on my property? ( When I say old, I mean the farmer used old tree stumps as the posts) The land is no longer being used to enclose any cattle. Can I put up a fence on my property lines? Any suggestions would be helpful.
I am an out of state owner, making it more difficult to get up and access my property. As of 12 years ago it was land locked and I had to get to it by boat and climb up the side of a hill. There is an easment to it now, but no drivable road. The lant is basically undeveloped and wild.
Thanks for any help
B. Jackson

 

[Michael Wechsler]

I currently own a 10 acre tract of land on beaver lake in arkansas. This property has been in my family for over 30 years. The owner south of our property was given permission to run his cattle on a portion of our property and we allowed him to put up a bob-wire fence to keep his cattle enclosed. Both my parents and myself, when deeded the property spoke to the farmer and agreed that it was with the knowledge that we were allowing him to use this property. He has since died and his widow sold his property to someone who is now running a wildlife preserve on his 240 acres, however, claims that the property that was being used by the previous owner(referring to my property) belongs to him. He has not filed adverse possession as of yet, but my fear is that he might. Would I be in my legal right to remove the old fence that sits on my property? ( When I say old, I mean the farmer used old tree stumps as the posts) The land is no longer being used to enclose any cattle. Can I put up a fence on my property lines? Any suggestions would be helpful.
I am an out of state owner, making it more difficult to get up and access my property. As of 12 years ago it was land locked and I had to get to it by boat and climb up the side of a hill. There is an easment to it now, but no drivable road. The lant is basically undeveloped and wild.
Thanks for any help
B. Jackson

The other owner cannot file an adverse possession claim because, by definition, the possession must be ADVERSE -- against the owner's interests. Instead, he might claim to have an easement, which is a right to use property granted by the owner. If he does I would think that he would have a very difficult time proving it.

What you might want to do is send them notice -- certified return receipt, that the owner is mistaken with regard to his rights to use the land. It is your private property and at no time were any legal rights granted to the prior owner and this is evidenced by the lack of any record. You might want to give him notice stating that you are putting up a fence on your property and giving him the courtesy of notice as your neighbor. In this fashion you will protect yourself against claims of adverse possession and will hear your neighbor's position. Good luck to you and let us know how this turns out.