Legal Question in Real Estate Law in Indiana

Re: Taking down a fence

This could depend upon exactly where the chain link fence was - on the line, on his side or on your side - as compared to where the surveyed line runs. Get a staked survey to determine where the line is vis-a-vis the fence taken down. If he paid for the chain link fence in the first place, then he might win the case. If you or your predecessor in intererst put up the fence then you might win. If this cannot be determined, I suspect the judge would consider the fact that he had abandoned the old fence when he put up a new one and the old one was superfilous and then you might win. Of course, you could give him the fencing you took down if you have not disposed of it. Then he would not have any damages.