Town of Buchanan v. Wolfinger

The roadway as it exists today has been the roadway for about eighty years. The fence line maintained by the appellants has existed for over fifty years as the southern boundary of the traveled highway. If the highway is established by user, appellants’ fence is not an encroachment. If the proceedings referred to were not abandoned and the highway as determined upon in the proceedings was according to the description in the petition and notice, defendants’ fence encroaches upon the highway at the east end for a distance not to exceed fifty or sixty feet. If the center line of the highway was…