Legal Question in Real Estate Law in Louisiana

fence

our family had 39 acres. His brother had kept 1 acre of land from the 40.His death happened. His daughter,sold the old house and acre. New neighbors are taking down a partician fence that has been on the propery, I know 35 years as I built it. Can we prevent him from doing it or make him putit back up if het gets it down?


Asked on 1/12/02, 10:21 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: fence

Sorry to say, your question is a bit confusing, but I think I get the picture. You say "our family had 40 acres. His brother had kept 1 acre of land from the 40." Who is the "His" in that statement? Assuming "His brother" acquired the 1 acre legitimately and the daughter had a right to sell the acre and house, then the issue is on whose property the fence is located. If located on the 1 acre, then the fence is his to do what he wants. If on someone else's property, then they own it and can stop its destruction.

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Answered on 1/13/02, 12:43 pm


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