Where a fence is constructed as a boundary line, even though it is not the actual boundary, and a party claims ownership of land up to that fence for the statutory period, that party gains title to such land by adverse possession. Horkey v. Schriner, 215 Neb. 498, 340 N.W.2d 1 (1983). See also McCain v. Cook, 184 Neb. 147, 165 N.W.2d 734 (1969); Olson v. Fedde, 171 Neb. 704, 107 N.W.2d 663 (1961). Both parties need not consider the fence a boundary, rather, it is the adverse possessor’s intent that is relevant. Wanha v. Long, 255 Neb. 849, 587 N.W.2d 531 (1998); Horkey v. Schriner, 215 Neb. 498, 340 N.W.2d 1 (1983).
Where neither party considers a fence a boundary, it does not constitute evidence of adverse possession. Wanha v. Long, 255 Neb. 849, 587 N.W.2d 531 (1998).