My deed is recorded to correspond to 1/2" rod markers for the boundary lines. Assuming his deed is likewise recorded to correspond to the same rods - it should be pretty clear where each of our property lines is at, right?

So if the rod is 30 feet outside of the old fence line, that property is (legally) mine, right?

Whether or not I decide to go build a new fence on it is another story, I suppose...

Update. I spoke with my Real Estate agent for a reality check on the situation. He agrees that when my survey is complete that the surveyor will also check the deed on my neighbors property, IF both refer to the same rods + the measurements agree - there is little argument (in court).

However, I can�t go out there and just build a new fence or move and old fence that is current "considered" a property line. I must provide written notice and give my neighbor 6 months to agree or dispute the action.

Seems that my neighbor would have had to file affidavits and other legal activities to have a claim to the land in question. According to my Real Estate guy he cant just claim it, additionally fences are not considered legal property lines�this from my real estate guy � prolly need to check with an attorney too

- Smoke 'em if you got 'em

[Linked Image from i4.photobucket.com]