This is a complicated area of law, because there are several conflicting rules, each based on a different characterization of facts which can be very familiar. You will need to talk to an experienced real estate attorney who will need to ask you about all the potential situations which might work for you or against you.
For example, a defense to a claim of adverse possession is that the owner on the county real estate records consented to the use of the contested land. On the other hand, the doctrine of agreed boundaries requires proof that the owners intentionally agreed that the fence would be the agreed boundary line. How is that different from consent? You and your neighbor might look at the same facts and come to opposite conclusions. And there are several other legal theories which might be applicable.
The value of the land is rarely worth the cost of a lawsuit. Often a compromise can be worked out. For example, maybe you and your heirs get to continue to use the disputed land, but if the fence ever needs to be replaced or if you sell the property to a non-family third party, then your right to use the disputed area would end.
Where is the property and what is the disputed area used for?
Dana Sack
Answered on Feb 17th, 2017 at 9:03 AM