Adverse Possession: The Seven Year Fence Law Explained

Let’s say that your family owns a large piece of land in Arkansas. Upon purchase, the family has plans for the acreage, but like most property owners, big ideas require substantial time and money. After 15 years, some of those projects have been left abandoned or half-finished, leaving plots of the land relatively empty…or so you thought. 

Suddenly, an unfamiliar structure has appeared on your property. You didn’t build it, but you can’t recall if the structure was already there when you purchased the land. This scenario is a huge, time-sensitive problem. If that structure houses someone squatting on your property, they can take adverse possession of the land after seven years of occupancy. 

The Legality Of The Seven Year Fence Law

How can someone take adverse possession of land that is legally yours? It’s not as simple as it sounds, but it can happen to unobservant property owners. 

Here’s what the Encyclopedia of Arkansas notes about adverse possession: “To obtain possession, the occupation must be open and notorious and hostile—that is, it must be such that a reasonable observer could recognize it. It cannot be tucked away and out of sight, or somehow concealed, as with a fence line overgrown by dense undergrowth.”

If the occupant has seven consecutive years staying on the property and they did not hide their presence, then they have a claim for adverse possession. Additionally, the occupant’s claim is stronger if they fenced off a section of the property for seven years. 

Most Common Occurrence Of Adverse Possession 

The seven year fence law sounds like the kind of odd legal issue that you only hear about in the news. You’re not wrong — the majority of homeowners will not experience a random stranger moving onto their property and making an adverse possession claim. 

However, the most common adverse possession case seen in courtrooms is between neighbors. Over years of ownership, property lines can become blurred. This can lead to structures, like sheds, encroaching on neighboring plots. But if you failed to realize that your neighbor built on your property line, you lose your claim to that piece of land after seven years of occupancy. 

If you see a neighbor building near their property line and you’re concerned about the proximity to your land, it might be worth hiring a surveyor to clearly mark and define the plots of land. Paying for peace of mind in the moment may be worth it to avoid an expensive lawsuit later on.

Concerned About Adverse Possession? Consult With An Attorney Today

Adverse possession cases can be tricky and time-sensitive; it’s not a matter to be taken lightly when your property is at risk of being taken by someone else. Whether you are fighting against adverse possession or have a legal claim to land, a lawyer can help your court battle. 

Find out more information about Hickey & Hull’s legal team and schedule a consultation to discuss your legal rights today!