Yet another fence question

bpgar said:

What is the name of your state? Illinois

I have read every "fence" and/or "property line dispute post going back to July and I still have a question, so please bear with me.

My wife and I currenty reside on property that she and her now ex-husband formerly owned and lived on prior to their divorce. About 15 years ago they constucted a fence near what they thought was the property line on one side of the yard. Our new neighbors recently questioned the property line, fence placement, and fence ownership. They were told by the people who sold them the property (not the people who owned the property when the fence was built) that the fence belonged to them. A survey has determined that the fence is definately on the neighbor's property. I would like to take down the fence and move it completely onto my property so there are no questions of who has access to, or responsibility for the land between the fence and the true property line. Can I legally do this? Any possible complications you might forsee or suggestions you can offer would be much appreciated.

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bpgar said:

I really appreciate your quick response, and from reading a number of your answers to other posts, I feel I can believe your advise, but I am confused. If my wife and her "X" paid for, and built the fence, why would you feel that the neighbor owns the fence?

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bpgar said:

I really appreciate your quick response, and from reading a number of your answers to other posts, I feel I can believe your advise, but I am confused. If my wife and her "X" paid for, and built the fence, why would you feel that the neighbor owns the fence?

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HomeGuru said:

**A: oh, I don't know. Maybe I took a lucky guess. Maybe I took a 50/50.
Maybe even because the survey indicated that the fence is on the neighbors property therefore the fence belongs to the neighbor.

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