Neighbor rebuilt fence

[surveyormike]

What is the name of your state (only U.S. law)? Missouri

We recently bought a foreclosure property that had been vacant for seven months. Upon taking possesion of the property it has become obvious to us that in the seven months the property was vacant, the neighbor on one side took down part of the fence and rebuilt it (on the existing posts) with a different style. The rest of the property has a fairly distinctive type of fence and this fifty or so feet of different fence built on our posts is a bit of an eyesore. I have not met my neighbor yet and I'm sure this will come up when we meet. I'm not wanting to agree to what he has done and quite frankly I would like the fence restored to what it was. What are my options?

ThanksWhat is the name of your state (only U.S. law)?

 

[drewguy]

What is the name of your state (only U.S. law)? Missouri

We recently bought a foreclosure property that had been vacant for seven months. Upon taking possesion of the property it has become obvious to us that in the seven months the property was vacant, the neighbor on one side took down part of the fence and rebuilt it (on the existing posts) with a different style. The rest of the property has a fairly distinctive type of fence and this fifty or so feet of different fence built on our posts is a bit of an eyesore. I have not met my neighbor yet and I'm sure this will come up when we meet. I'm not wanting to agree to what he has done and quite frankly I would like the fence restored to what it was. What are my options?

ThanksWhat is the name of your state (only U.S. law)?

On whose land is the fence? If it's your land, then you can put up the fence you want and remove his. If it's his land, you're SOL. If it's a shared fence then you should try to reach an accommodation. Can you put your style of fencing on your side of the posts?

 

[surveyormike]

Well, I presume that since the fence in question has been in existance for many uncontested years (probably 20) and that it clearly is a perimeter fence of my property, then it is my fence on my property. I haven't actually gone looking for the property pins yet.

 

[JustAPal00]

Was the fence changed before or after you purchased it?

 

[154NH773]

Well, I presume that since the fence in question has been in existance for many uncontested years (probably 20) and that it clearly is a perimeter fence of my property, then it is my fence on my property. I haven't actually gone looking for the property pins yet.

I'm sure you will receive many comments on this statement. My remark is that; A fence does not equal a property line, and there are many factors and court dates before you can receive any claim to someone else's property.

You better start looking for the property pins (or get a survey).

 

[justalayman]

even more important is justapal's question. It appears from the OP's statement that this was done prior to OP even viewing the house, let alone buying it.

If that is true, OP has absolutely no claim as they were not damaged. They bought the house with the fence as it is now. Their offer was based on the fence as it is now. If anybody would have a claim, it would be the bank as it might have reduced the value of the house. If so, the bank was injured due to the loss of money. The bank doesn't care. They are done with it and have moved on and so should the OP.

quite frankly I would like the fence restored to what it was. What are my options?

here is where the survey is critical.

If it isn't on your property, you have no options regarding that fence.

If it is on your property, you can hire somebody to return the fence to a style matching the rest of the fence, at your own cost, of course.

If it is a shared fence, I would guess that since the neighbor just renewed the fence that you can still change the fence but it would be all your cost.

 

[HomeGuru]

Was the fence changed before or after you purchased it?

**A: from the post it appears the fence was changed before.

 

[JustAPal00]

**A: from the post it appears the fence was changed before.

As posted above, if it was before then the home was purchased as it is now, fence and all.

 

[HomeGuru]

As posted above, if it was before then the home was purchased as it is now, fence and all.

**A: yes, that's th e point. The OP is questioning and looking for options.