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Can you sue previous owner if property line fence was not on the correct line?
Cando1
The current, registered deedholder is the one responsible for the property or any issues surrounding it. The prior owner, passed on this responsiblity to the new owners once the deed was transferred and is no longer responsible for such issues. Sue the new owners. Its their problem now.
Answer/ClarificationIf you purchased property by a warranty deed and now find that your fence is on your neighbor's property you may be able to obtain damages from the prior owner. You should contact the attorney who represented you when you purchased the property. She/he can review the situation and advise you of your options.
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Can you put up a fence with permission then land sold and i want to move it can i?
If you "put up" the fence, one might presume that you purchased the materials and provided the labor, making it "your" fence, even though it may be located on land owned by someone else. Under this theory you did not "give" them the fence; rather they "permitted" you to occupy part of their property with your fence. The fence did not get sold with the property, as it was not theirs to sell. You may reclaim your fence by asking permission to enter the property and remove your personal property; the fence. If the new owners do not permit you access, you can obtain permission from the court to enter the property to remove your fence, or obtain an order for the landowner to remove you fence and return it to you at your cost. It would help to have an affidavit from the previous owner that states it is your fence. If the previous owner disagrees, or the new owner claims the fence is now his, then you can sue the previous owner and new owner, jointly and severally, for the value of your fence that they have "converted" to their own personal use, or sue in replevin to obtain the return of your property. This will be a fine welcome to the neighborhood for the new owners!
Who is responsible for fixing a fence?
The owner of the fence or the owner of the property on which it stands.
If there is a exclusive easement can the non property owner put up a fence?
If the easement is exclusive, then the non property owner can put up a fence. However, it can only be done with the permission of the property owner.
Can a lien be put on a property where one owner pays for a block wall -fence- that separates 2 properties -along property line- and the other owner does not pick up half of the cost?
no it cant both owners have to consent to paying for the fence or the one that has the fence put up is responsible.
I live in Nebraska your neighbor thinks he can do anything to your property you want to move your fence to your property line to keep him off your property the previous owner knew it was your property?
All you need to do is check with your local building department at the town offices to determine how near the property line you can place a fence. In some jurisdictions there must be a set back of varying distances. In others the fence may be placed on the property line. You should also consult with an attorney who can inform you of your rights and how to protect your land from any adverse claims.
The land owner next to us put a fence up a foot into your property before you bought your land He will not move the fence back What to do?
Hire a lawyer from your area that specializes in property law.
I mvd into duplex whereby the adjoining owner has a privacy fence I want to install a fence to match How is the section between the properties handled when it is on her side of the property line?
You get written permission from the adjourning property to install your fence and attached to theirs.
Who is responsible for the repair and maintenance of property line fence used to control livestock?
The livestock owner is.
Can the previous property owner be held liable for a mistake made by the title agency?
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May I enter my neibors property to maintain his side of the fence?
No, unless the owner of the property gives you specific permission to enter their land, it is deemed as trespassing.
Can you be responsible for judgments against the previous owner of your property?
Absolutely yes, if you didn't make certain they were paid by the former owner before you paid for the property and took title.
If your fence falls onto neighbors property can you enter his property to repair it?
Yes, if you were negligent in the maintenance of the fence. Otherwise, the neighbor's company will pick up the tab. If it is a shared fence both companies will share equally in the cost to repair or replacement of the fence with a reduction of the deductible by 50% for each owner.
