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Old 09-26-2000, 09:09 PM
LaurieBH
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Live in Ohio - Rural Residential

We would like to put up a fence between ourselves and the trouble making neighbors.

Our thought was to install the fence posts on our property and run the actual fence no more than one inch from the property line on our side -- we don't want to give the neighbor any of our land.

Question: Can the installers stand on the neighbor's property to install the fence? Without the neighbor's consent? There is no way he will give his permission.
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Old 09-27-2000, 02:24 AM
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Location: Catatonic State
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LaurieBH:
Live in Ohio - Rural Residential

We would like to put up a fence between ourselves and the trouble making neighbors.

Our thought was to install the fence posts on our property and run the actual fence no more than one inch from the property line on our side -- we don't want to give the neighbor any of our land.

Question: Can the installers stand on the neighbor's property to install the fence? Without the neighbor's consent? There is no way he will give his permission.
<HR></BLOCKQUOTE>

Under basic principles of law, every property owner has a right to build a fence. In most cases the fence builder has a right to enter the property of the ajoining owner as necessary to complete the fence construction and may not be charged with trespass.
I deem this to be an easement by necessity because you have no other access to build the fence except from your own property.
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