If a fence is across property line can new owner tear it down with out giving owner of the fence a chance to move it

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If a fence is across property line can new owner tear it down with out giving owner of the fence a chance to move it

My grandmother died she lived on 4 acres she left 2 acres to my mom and the other
2 to my ant. She has a chain link fence across the 2 acres she gave my mom. My
ant sold her 2 acres and win the survey was done side fence was on buyers side of
line. They tour it down with out giving us a chance to move it or telling us what
they going to do. They destroyed the fence. this was 2 weeks after closing.

Asked on July 17, 2018 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Person A has no right to have a structure--including a fence--on person B's land. Person B can remove it without giving person A the chance to more it or giving A any warning of their actions. You simply can't build on another person's property. If you believe their survey was wrong and have evidence (e.g. your own survey), you could bring a legal action to have a court decide where the boundary is and, if it turns out the fence was on your land, to then have the neighbor reimburse you for its value.


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