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Property Fence

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Dagwood92

Guest
What is the name of your state? Illinois. My husband inherited property from his grandfather that we intend to build a house on. We did have the land surveyed. There is a fence that was put up years ago that is between our property and our neighbors property, it is on our side of the boundary line by about 18 inches, we would like to tear is down and eventually put up another one. Our neighbor thinks the fence is on his side and he doesn't want the fence to be taken down. When he moved there he didn't have his land surveyed. My husband has told him that the fence is on our side. The fence looks terrible and is falling apart. Our neighbor said he is having someone come out this week to put up new fence posts. My husband is trying to be nice about the whole situation. Can we take down the fence and put up a new fence on the boundary line without our neighbors permission?
 


HomeGuru

Senior Member
Dagwood92 said:
What is the name of your state? Illinois. My husband inherited property from his grandfather that we intend to build a house on. We did have the land surveyed. There is a fence that was put up years ago that is between our property and our neighbors property, it is on our side of the boundary line by about 18 inches, we would like to tear is down and eventually put up another one. Our neighbor thinks the fence is on his side and he doesn't want the fence to be taken down. When he moved there he didn't have his land surveyed. My husband has told him that the fence is on our side. The fence looks terrible and is falling apart. Our neighbor said he is having someone come out this week to put up new fence posts. My husband is trying to be nice about the whole situation. Can we take down the fence and put up a new fence on the boundary line without our neighbors permission?
**A: yes, since the fence being on YOUR property is considered your fence.
 
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krispenstpeter

Guest
And let us know what happens when "THEY" show up and your husband tells them to get off his land or he'll call the sheriff. :D
 
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Dagwood92

Guest
Dagwood92 said:
What is the name of your state? Illinois. My husband inherited property from his grandfather that we intend to build a house on. We did have the land surveyed. There is a fence that was put up years ago that is between our property and our neighbors property, it is on our side of the boundary line by about 18 inches, we would like to tear is down and eventually put up another one. Our neighbor thinks the fence is on his side and he doesn't want the fence to be taken down. When he moved there he didn't have his land surveyed. My husband has told him that the fence is on our side. The fence looks terrible and is falling apart. Our neighbor said he is having someone come out this week to put up new fence posts. My husband is trying to be nice about the whole situation. Can we take down the fence and put up a new fence on the boundary line without our neighbors permission?
Our neighbor came to his senses and agreed with my husband. :)
 
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krispenstpeter

Guest
Boy, and I was SOOOOO looking forward to you standing shotgun over him as he faced down the cowpoke :(
 
K

krispenstpeter

Guest
HomeGuru said:
Me thinks that the neighbor checked out this website and read this thread.

If he did then he's smarter than most :D
 

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