Neighbor builds fence on 50ft inside outside of property line and insists his decades-old fence overrides legal survey, gets schooled by property owner who cut right through it: 'They were entirely out of line'

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    "Cut Through an Old Fence to Access My Land Now the Neighbors Are Furious"

    https://www.reddit.com/r/legaladvice/comments/1ohzgkg/cut_through_an_old_fence_to_access_my_land_now/ Mental-Sign5151 - Hi everyone, I recently purchased 10 acres of land in Oklahoma. On one side of my property, there's a large piece of land about 200 acres that's been uninhabited for about 20 years.
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    https://www.reddit.com/r/legaladvice/comments/1ohzgkg/cut_through_an_old_fence_to_access_my_land_now/ Mental-Sign5151 - It has an old house on it, and the owners visit about once a month to maintain the place.
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    https://www.reddit.com/r/legaladvice/comments/1ohzgkg/cut_through_an_old_fence_to_access_my_land_now/ Mental-Sign5151 - Around 10 years ago, they put up a fence because of an easement dispute with my other neighbor.
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    https://www.reddit.com/r/legaladvice/comments/1ohzgkg/cut_through_an_old_fence_to_access_my_land_now/ Mental-Sign5151 - The goal was to block that neighbor from using a powerline easement for access. Later, that neighbor opened a section line on the opposite side of their property for access instead.
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    https://www.reddit.com/r/legaladvice/comments/1ohzgkg/cut_through_an_old_fence_to_access_my_land_now/ Mental-Sign5151 - The issue is that the fence they built is about 50 feet inside my property line!
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    https://www.reddit.com/r/legaladvice/comments/1ohzgkg/cut_through_an_old_fence_to_access_my_land_now/ Mental-Sign5151 - essentially, it's on the wrong side of the power easement. It's an old, rusty barbed- wire fence with several fallen trees on it.
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    https://www.reddit.com/r/legaladvice/comments/1ohzgkg/cut_through_an_old_fence_to_access_my_land_now/ Mental-Sign5151 - I'm currently building my house about 400 feet up the easement. My land is completely wooded and hilly, so this is the best route for power and utilities.
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    https://www.reddit.com/r/legaladvice/comments/1ohzgkg/cut_through_an_old_fence_to_access_my_land_now/ Mental-Sign5151 - (I want to be clear- I'm not trying to cause problems!) A few weeks ago, I cleared a path up to the easement and cut through the fence so I could drive to my building site.
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    https://www.reddit.com/r/legaladvice/comments/1ohzgkg/cut_through_an_old_fence_to_access_my_land_now/ Mental-Sign5151 - Today, the neighbors came by to maintain their old house, saw the fence cut, and started yelling and screaming at us.
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    https://www.reddit.com/r/legaladvice/comments/1ohzgkg/cut_through_an_old_fence_to_access_my_land_now/ Mental-Sign5151 - They claimed the fence is the property line and that "surveys don't matter if the fence is already up." They were entirely out of line and crazy, even when I tried to explain that there is a survey.
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    https://www.reddit.com/r/legaladvice/comments/1ohzgkg/cut_through_an_old_fence_to_access_my_land_now/ Mental-Sign5151 - I'm trying to figure out if what they're saying has any legal basis-or if I'm within my rights to tell them to stay off my property.
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    https://www.reddit.com/r/legaladvice/comments/1ohzgkg/cut_through_an_old_fence_to_access_my_land_now/ Mental-Sign5151 - Is what they are saying even legal???? Location: Oklahoma
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    thisaccountbeanony No. You have a deed and a survey. They have wishes and wants. I suggest removing your fence from your land pronto.
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    whoo-datt Your neighbors are trying to claim adverse possession (squatter's rights). Serve them (via process server) a notice of No Trespass per your survey, and hire a contractor to demo any structures (fence) on your property (provide them with copy of survey after approval from your surveryor). Get a real estate / property attorney queued up (if needed). Your new neighbors will get pissy, but the only way to deal with property thiefs is a heavy hand. Be prepared to sue the seller/(seller's re
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    anakaine Take the rest of the fence down before they make an adverse posession claim.
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    FatPlankton23 Do not acknowledge to your neighbors that it is their fence. If it is in your property, it is your fence until they can prove they own it. This puts the burden on them. They will likely not invest the time and effort into a legally dubious situation
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    OphidionSerpent Oklahoman here, family dealt with a similar issue some years back when a neighboring rancher built a new fence on their land. You need a lawyer. They're going to have trouble claiming adverse possession, because it has to be 15 years uninterrupted exclusive usage to qualify. However, you cannot damage/remove their fence even if it is on your property. You need to provide them proper notice requesting they either remove it or agree to allow you to remove it, with a copy of your su
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    calminthedark I think Oklahoma law also requires them to have paid property taxes on the land in question for adverse possession. They can't just fence and say we paid property tax on our land. They'll have to show they paid taxes specifically on the land in dispute. You need an attorney though, this will be a civil court matter.
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    huhMaybeitisyou Talk to an attorney. Everyone that is on one side of these disputes where they think they are in the right usually think there's "adverse possession" and any land they "adversely possess" is theirs. Many states have no such laws in place and even when they do it's something that can be argued in court with the right attorney. Have you found out if Oklahoma allows adverse possession?
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    Bitter-Power4252 If you have a legal survey, and are actually on the land you purchased, there's really nothing they can do from a legal standpoint. Honestly it's probably best to try and placate the people and see if you can come to a reasonable understanding. Some people are crazy though and there's not much worse than pissing off some really oldschool country folk that think you're stealing from them. I have friends who've been threatened (legit threats) at being burnt out of their homes and
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    lamnotaCST They seem like a problem. It would be worth to secure the following: 1. A survey, if you don't have one from the last decade. 2. The deed, and some copies of it, just in case. 3. A lawyer who has experiance with land disputes, again just in case. After you have these, tell these neighbors to pound sand, that the law and deed dictate ownership and they don't have either on their side (just like their fence). Okay, maybe not the last part, but I'm petty.

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