I found out that the fence between my yard and my neighbor's is 18 inches shy of the actual property line. I have found a boundary line agreement signed between my neighbor and a previous owner of my property that says my neighbor quitclaims to the previous owner all rights, title and interest in and to the land south of the boundary line. This would include the 18 inches between the property line and the fence.
If I understand your question, you are the owner. The fence does not change anything. The agreement recites the fact that your neighbor is not claiming ownership of that land.
You are the owner of the land but may be out of possession of that strip. If you have a boundary line affidavit signed by the adjoining owner then there is no question as to who owns the land. Without the boundary line affidavit you would still own the land but the neighbor would have the right to bring an action to declare that the land belongs to him through adverse possession. If the neighbor has control of the land and uses it and maintains it open and notoriously for a continuous period of 20 years then the neighbor could possibly win an action for adverse possession and that strip of land can become his. The boundary line affidavit is a defense to that action. In it the neighbor states that he knows the fence is in the wrong place and he does not claim ownership to the land by adverse possession or otherwise. When the fence reaches the end of its useful life put the new fence on the property line to cut off any future dispute.
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