Can a neighbor tear downa fence that has been there for11 years if it is on their property?
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Can a neighbor tear downa fence that has been there for11 years if it is on their property?
I inherited my grandfather’s place. The fence has been there 11 years. Nothing said or done the fence. Approximately 3 years ago built new shed and owner’s said nothing. Now they are selling on a lease to own. Buyer informed me that she is tearing down the fence and opening the land up because her property goes further back. I have dogs that will get run over on the highway. The fence is cemented in ground.
Asked on January 30, 2011 under Real Estate Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If the fence is on their property - an here it appears that it is solely on their property and not even on the property line - and they own it and paid for it then they can tear it down if they want to. You really have no say in the matter. As for the shed, I am not sure that I am clear on that issue. Is the shed on your land or on their land? If it is on land that you believed was yours and you built a shed on it then you may not have a claim to owning the land through what is commonly known as "squatters rights" but legally known as "adverse possession." I think that you need to speak with a real estate attorney in your area. And you need to keep the dogs inside your property until you can figure out the land issue and then build a fence yourself. Good luck.
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