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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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