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Previously fenced shared property

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morty4185

Junior Member
What is the name of your state? Ohio

Good Morning;

I appreciate any help. Recently we moved into a property that has a fence running across the back of the lot fencing in approximately 3-4 acres of land. Unfortunately, this fence was erected by the father who was the previous owner of our property and the son who is still the current owner of the adjoining property. We've been told that they shared the expense to build the fence and as such there is not a single owner. The problem we have is that there is only one gate on the fence and it exists on the sons side ( our new neighbor). This is preventing us from accessing our piece of the property as the fence is topped with Barbed wire and I'm not in a hurry to get gouged. I am also very concerned that in the future he may have and adverse possesion claim unless we address it now.

He has told me it is okay to take the fence down however I don't feel I should exert my labor or pay someone to have a fence taken down that I did not erect and is encroaching on my property. I also wonder if I may be able to ask the previous owner to address this as he did not disclose the shared property as required on the disclosure form presented to us prior to closing.

Any thoughts on what my best course of action would be ? I really want to avoid paying attorneys since he seems open to having the fence removed.

Thanks

Morty
 
Last edited:


shortbus

Member
It's not an encroachment. Half the fence belongs to you. You bought it when you bought the property. That's like saying you shouldn't have to pay to remove a tree because you didn't originally plant it.

If the son doesn't object to removing it, I would have someone come do it before he changes his mind.
 

morty4185

Junior Member
shared fence

Why should I care if he changes his mind if as you state at first that half of the fence belongs to me as a result of me purchasing the property?
 

adversity

Junior Member
You stated why you should move . . . now.

"The problem we have is that there is only one gate on the fence and it exists on the sons side ( our new neighbor). This is preventing us from accessing our piece of the property as the fence is topped with Barbed wire and I'm not in a hurry to get gouged."

I quote you, and that is why you should take the fence down before he changes his mind. If it gets tied up awaiting surveys, court dates and the expenses that go with this, then you'll be glad you moved along.

Do a search and you will find stories about neighbors that make your present ones quite nice.
 

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