Legal Question in Real Estate Law in Indiana

I have a fence that is 2 feet into my neighbor's property. He wants the fence moved. Does he have to pay for the fence to be remove or do I have to pay? I live in Indiana. Thank you for your help.


Asked on 3/20/12, 4:42 pm

1 Answer from Attorneys

Voyle A. Glover Attorney at Law

That's really a fairly complex issue. Since the fence is on his property, it is his property, so technically, he has to remove it. However, if you put it there, then you placed a fence on his property without any legal right to do so, thus, there is a good argument that you bear the expense. Need to know the history to really answer the question. Then, there is the potential issue of adverse possession, which is where someone has adversely possessed real estate for a period of years. You might have a claim to the property on which your fence rests.

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Answered on 3/20/12, 5:45 pm


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