Legal Question in Real Estate Law in Indiana

residential fence

My daughter has a rusty chain link fence surrounding her yard. She wants to remove it, and replace it with a cedar fence. However, her neighbor is claiming that the chain link fence is a ''border'' fence, and they need her permission to remove it. My daughter and her husband said they would hire a surveyor to confirm the fence is on their property. The neighbor then claimed that even if they get a survey, and it shows the fence is on their property, it is still an established border fence and partially belongs to her. I think it's probably important to note that the neighbor has never built any fence that attaches to my daughter's fence. Also, both my daughter and her neighbor have only owned their respective homes for 3 years. The neighbor WANTS the fence replaced - she just wants to dictate the exact specifications for the fence. Does the neighbor have any ownership of a fence that is not on her property? And, other than courtesy, are they in any way obligated to follow her specification on replacing their fence? I might add that the neighbor is an attorney (works for an insurance company).


Asked on 7/05/07, 9:48 pm

2 Answers from Attorneys
C. David DuMond Law Offices of David DuMond

Re: residential fence

There is no such thing in Indiana law as a "border fence." Just for fun, ask this noxious neighbor to deliver a written statement of her objections. I doubt she is so foolish as to make a written record of her bogus claims. Sounds like a fence in this neighborhood is a good idea, so get the survey and build the fence within your property line. Be mindful of the local ordinances concerning fence construction (height, materials, etc.) Some neighborhoods are constrained by historic district rules, so make sure you know about any limits. Contact the neighborhood association. There are many fact-dependent variables in property law, so if a dispute is anticpated, gather all your documents and see a real lawyer. Good luck.

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Answered on 7/06/07, 11:10 am
Mark Voigtmann Baker & Daniels

Re: residential fence

If the fence is entirely on your daughter's land, I do not think there is any validity (at least under Indiana law) to what the neighbor is saying; having said that, I would want the opportunity to be better acquainted with the facts before reaching that conclusion to a certainty.

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Answered on 7/05/07, 10:48 pm


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