Legal Question in Real Estate Law in Ohio
My neighbour has horses. They have eaten all of the grass on his property, and I have plenty of grass. He asked me if they could graze on my land and I agreed. Now he is constructing a fence on my land. Approx one acre. Seeing this fence going up is making me nervous. I want to help him out. Is there any way this can backfire on me? Will he have any claim on my land after constructing a fence?
1 Answer from Attorneys
Dear Good Neighbor: Your neighbor's building a fence on your property does not entitle him to any claim, except for the (value of ) the fence. If he should make a claim, you may counter by either asking him to remove it at his own expense, or you may keep the fence stating it is in exchange for the grazing rights you granted so generously.
I recommend you retain an experienced Attorney to prepare a Letter of Understanding, stating your limited consent to the use of your land for his horses, including his waiver of all claims against you for any damages, loss or harm to his livestock while grazing gratuitously on your land. Also, what if his horses cause damage to your property? That provision should also be addressed in your letter.
Good luck!
Sincerely, J. Norman Stark, Cleveland, OH.
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