Legal Question in Real Estate Law in West Virginia
Fenced Ally
There is a non-maintained ally (Its grass)between my property and my neighbor's property. My neighbor has errected a chain link fence in the middle of this ally.
We just bought this property.
Survey is showing the ally.
Fence has been up aprox. 2 years.
Outside of any city (cabell county).
Can I take this fence down?
1 Answer from Attorneys
Re: Fenced Ally
I suggest you seek the advice of local legal counsel. I do not recomend that you take the fence down in the alley unless you have advice of your attorney. You will have to substantiate
the fence is on your property. It is possible that the fence was built on the property line and as long as access is not be denied for entrance and egress your neighbor may keep the fence.
Gerald Hershenson
Law Office of Gerald M. Hershenson
506 Corporate Drive West