Legal Question in Real Estate Law in Louisiana

if fenced in area kept clean and maintained but now they say over the property line do i have to move fence


Asked on 4/29/10, 9:42 am

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

If the fence is on your neighbor's property, he can demand that you remove it. However, if the area has been fenced in for 10 years or more, you may have actually acquired ownership of the property through what is called "acquisitive prescription". Put in very simplistic terms, if you fence off an area and appear to be claiming it as your own property (and assuming that you are doing so with a good faith belief that the property is yours), you actually do own it if the true owner does not object within 10 years.

Aside from that exception, you must remove the fence.

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Answered on 5/04/10, 2:20 pm


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