Hire a lawyer from your area that specializes in property law.
The owner of the fence or the owner of the property on which it stands.
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.
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!
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.
no it cant both owners have to consent to paying for the fence or the one that has the fence put up is responsible.
You get written permission from the adjourning property to install your fence and attached to theirs.
The livestock owner is.
It is a trespass and if it is not removed upon your request, you can have a court order it to be removed. If you ignore this long enough, the neighbor may eventually be able to claim the property line has moved to the fence, and you will lose valuable land rights. On the other hand, you can also provide the neighbor with a "limited license" to use that strip of your property, and propose that he pay some nominal rent until such time as the fence is removed or other mutual agreement is made. That way the fence is no longer evidence of "hostile exclusion" which would be necessary for adverse possession.
No, unless the owner of the property gives you specific permission to enter their land, it is deemed as trespassing.
Animals are bought, sold, traded, and some require a license. Anything that has an "owner" is property, whether it is a basketball or a dog.
"DeedGrabbing" is the process of getting deeds to tax sale property from the owner right before the owner loses the property to taxes.
The loan must be paid off or refinanced and the co-owner must transfer their interest in the property to the person who will be keeping the property.