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Fence maintenance

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aherndon

Junior Member
What is the name of your state? Indiana. I had a fence installed up to my property line. I would like to stain the other side of my fence but I know the neighbors will refuse if I ask permission and they have a no trespassing sign posted. What could happen if I wait until they are not at home and stain the fence anyway?
 


seniorjudge

Senior Member
aherndon said:
What is the name of your state? Indiana. I had a fence installed up to my property line. I would like to stain the other side of my fence but I know the neighbors will refuse if I ask permission and they have a no trespassing sign posted. What could happen if I wait until they are not at home and stain the fence anyway?
Q: What could happen if I wait until they are not at home and stain the fence anyway?

A: They could file civil and/or criminal charges against you for trespassing.


...Generally, the law supports special agreements, even when oral, between adjoining landowners for fence maintenance. However, for agreements to be binding (covenants running with the land) on subsequent landowners, they should be in writing and recorded. Covenants in deeds concerning the maintenance of fences have been held by Indiana courts to be binding on future as well as current landowners....

http://www.fnr.purdue.edu/inwood/past issues/indiana farm fence law.htm
 

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