Fence line

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Fence line

I have 40 acres in Fillmore co. Mn. Is
a old fence line the legal boundary or
if I get it surveyed is that the new
boundary between me and the neighbor ?

Asked on January 28, 2018 under Real Estate Law, Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A fence does not create a boundry line and a survey confirms the legal boundary. If the fence is not on the right propeerty, then the aggrieved owner, can legally have it moved.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, where you placed the fence does not change the legal boundaries of the property: they remain where they were. Rather, the fence can be forced to confirm to the legal boundaries; that is, if one person's fence is on the other person's land, the fence owner can be forced to relocate it at his/her expense.


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