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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!

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17y ago

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