Idaho Real Estate Practice Exam

What law may allow a fence to remain in its original position if a survey reveals it is incorrectly placed between neighbors?

1. Adverse possession

2. Easement by necessity

3. Right of way

4. Property boundary adjustment

The correct answer is: Adverse possession

The law that allows a fence to remain in its original position, even if a survey reveals it is incorrectly placed between neighbors, is known as adverse possession. Adverse possession is a legal doctrine that enables a person to claim ownership of land under certain conditions, typically involving continuous and open occupation of the property for a legally specified period. In situations where a fence has been in place for many years, the person who maintains that fence may have established rights to the land up to the fence line. If they can demonstrate that they have openly used the land without the permission of the neighboring owner and have met the duration and other requirements for adverse possession, they may be able to prevent the removal of the fence, despite the property being technically misaligned according to formal surveys. This principle underscores the balance between technical property boundaries and the realities of land use and ownership over time. The concept of adverse possession serves to protect long-standing land use practices and prevents disputes from arising simply from disputes over officially recorded property lines.