OK, the details:
I have a small piece (just a few acres in nowhere land) of undeveloped property that I inherited from my father. I’m more or less an absentee landlord, living a little over an hour away, so I don’t see it often, maybe three or four times a year.
The owner of the adjacent property died a while back, and his property has since been sold to a new owner.
The property line, as I have always understood it, is in the middle (more or less) of a dirt road between the two properties. That was echoed by a) my father, b) the neighbor, and c) a surveyor who looked at the property in the mid 1990s.
Now the dispute:
The new property owner has put up some fencing on the side of the road that, by all indications are my property. Not a lot, but I suspect he intends to put up more.
My understanding is that he has not had a surveyor redraw the property lines, that he was going off ‘an old plat’ (his exact words). This came from two different people who have spoken to him.
Now, the question: Assuming the surveyor still has access to his *records from the previous job, or that I have to get him back out to look at it again, and everything pans out as expected. . . What is the polite way of informing the neighbor that his new fencing, while appreciated (as that ultimately goes into my longterm goals for retirement), is on my property. He also has a section fenced in for a garden. What an unexpected bonus!
Theoretically, he actually has the correct property line, and I know to prepare for that possibly being the case, but I kinda doubt it. It would seem strange that two people who had lived there all their lives, and the surveyor who verified the lines, would all be wrong, and the new guy would get it right without new survey.
*I should have records on this, but when my father died, the family members who were still living in his house got rid of a lot of the “junk” that was left behind, including a lot of his records. My father kept records on EVERYTHING, but they just ain’t there anymore.