I bought some land had it surveyed and found a fence 30 feet into my property. What are my rights.

Iowa law states that a fence misplaced and uncontested for 10 years can become the boundary. The fence was in place when I purchased the land. I don't think the fence was intentionally misplaced. I did not have a chance to contest the fence placement. I had the property surveyed as I didn't know exactly where the boundaries were as I have been burned before by an owner of another property I had purchased years ago telling me where the boundaries were. Now I survey. What are my chances if I go to court.

Belle Plaine, IA -

Attorney Answers (1)

Erik S. Fisk

Erik S. Fisk

Commercial Real Estate Attorney - Des Moines, IA
Answered

While a common misunderstanding, your first sentence is not a correct statement of the law. Adverse possession does not typically arise by virtue of a misunderstanding.

To give you your "chances if you go to court" is to try to predict the future without knowledge of the salient facts. How long has the fence been there? Who put it up? How many times has the land changed hands? And so on. I suggest you retain and/or consult with an attorney who has experience in real estate disputes, quiet title actions, and so on. Our firm does, as do many other fine firms in Iowa. Best of luck.

You can reach our offices directly at (515) 288-6041. The comments listed here are of a general nature and should... more

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