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
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
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