Can a neighbor tear downa fence that has been there for11 years if it is on their property?

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Can a neighbor tear downa fence that has been there for11 years if it is on their property?

I inherited my grandfather’s place. The fence has been there 11 years. Nothing said or done the fence. Approximately 3 years ago built new shed and owner’s said nothing. Now they are selling on a lease to own. Buyer informed me that she is tearing down the fence and opening the land up because her property goes further back. I have dogs that will get run over on the highway. The fence is cemented in ground.

Asked on January 30, 2011 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the fence is on their property - an here it appears that it is solely on their property and not even on the property line - and they own it and paid for it then they can tear it down if they want to.  You really have no say in the matter.  As for the shed, I am not sure that I am clear on that issue.  Is the shed on your land or on their land?  If it is on land that you believed was yours and you built a shed on it then you may not have a claim to owning the land through what is commonly known as "squatters rights" but legally known as "adverse possession."  I think that you need to speak with a real estate attorney in your area. And you need to keep the dogs inside your property until you can figure out the land issue and then build a fence yourself.  Good luck. 


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