Legal Question in Real Estate Law in Louisiana

Your question does not specify what makes the fence an "offending structure". If this doesn't answer your question, you may want to re-post the question to clarify that. In any event, I'm going to attempt to answer your question for you.

If what you are saying is that the fence is over the property line, on your neighbor's property, you may actually own the property within the fence now. In Louisiana, if you fence in property right on your property line, you can actually acquire ownership of that property. By fencing in property, you are stating to the world that you beleive you own that property. You are from that point "adversely possessing" the property. It puts the actual owner on notice that you believe the property is yours. If you have a title which purports to give you ownership and you are in good faith (i.e., you actually believe the property is yours), you acquire actual ownership within 10 years. In cases where a fence is just over a property line, this usually means that you own the property within your fence after 10 years even if it is just over the neighbor's property line. You can also "tack" the possession of the previous owners of your property in reaching that 10 year mark.

If what you are saying is that the fence is "offending" because it is not in line with the subdivision building restrictions (not the right material, whatever), you are likely on good ground there as well, as the homeowners' association has allowed the "offending" structure to exist for so long that they have waived any right to make you tear it down now.

In short, you probably do not have to tear down the fence at all. You may want to speak to an attorney in your area who handles real estate, boundary disputes, and/or homeowners' association issues. Have the attorney examine the situation and respond to the demands of the new owners in writing. It would be money well spent, as you could relinquish the rights you have likely gained by making the wrong move.