[tbshakie]

the concept is called adverse possession. in Ohio, you must "adversely" hold and control the property as your own for twenty years (the possession has to be open and obvious). so if the fence has been there over 20 years and ALL the property (you AND the owner before you) owners have acted and controlled the fence line as the property line, its yours.

IF you haven't met the 20 year mark and the neighbor now gives you permission (he said he didn't care), it is no longer "adverse possession." and you have to possess it again adversely for another 20 years. the burden is on you to show that you have adversely possessed the property when he tries to remove you.

My advice, if you want the extra ten feet. don't touch that fence. replace it in a couple years when he forgets about the conversation or when he moves away.

TO SOLAR: Survey that property now! once he hits 20 years, he owns it. PS- since you are in KY, this is in no way legal advise of any kind nor an offer for representation. Please see a licensed attorney in your state.