Legal Question in Real Estate Law in Ohio

Fencing Encroachments

My neighbor refuses to remove a fence that is on my property (over twenty feet).The fence was placed prior to when I purchased the property, and I was never informed of this encroachment by the seller. What sort of action can I take to get the fence removed, and also to recover my costs already incurred over this incident. Do I persue the neighbor, the seller, the Title company, or any combination.


Asked on 10/23/01, 5:48 pm

1 Answer from Attorneys
David Weilbacher, Esq. Attorney at Law

Re: Fencing Encroachments

I need to know how long the fence has been up. Check with the city or local building inspector to determine if and when a permit was issued for the erection of the fence. Basically, if the fence has not been there for a number of years, and its on your property, you can take it down. If it contains live stock you should make sure its secure prior to removal of the fence.

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Answered on 11/25/01, 11:52 pm


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