Where do I stand in this proper line fence law? - Estate Planning Law Questions and Answers- LawQA.com

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Where do I stand in this proper line fence law?

My estate has a property line fence since before 1959 but on a plot survey of this date shows a fence around the whole estate. I bought the place (my grandmother’s home) in 1985. Because of the problems with my neighbor, I put up a fence right behind the property line fence joining it to make it higher in 1991. I had many problems with my neighbor then put up a 6 foot privacy fence 2002 on just the part where my house is about 130 feet on the side and attached the fence to the wooden fence to protect the back of it. My neighbor pulled up, cut and removed the first property line fence and the second fence I put up. I got a warrant. Magistrate decided a criminal warrant. We go to court.


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It sounds like this is already in court proceedings and the judge will decide on the penalty. I am not sure what you are seeking, here.

Answer Applies to: Michigan
Replied: 4/14/2014

Peters Law, PLLC
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I'm sorry, but you really need to talk with a local real estate attorney and let the attorney go through all of the documents and the facts. Also, your particular state's laws may have something to do with it as well.

Answer Applies to: Idaho
Replied: 4/14/2014

Answer By John F Brennan
Musilli Brennan Associates PLLC
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I'm not sure I totally understand the circumstances, but if your neighbor destroyed your fence that is a malicious destruction of property or other potential charge.

Answer Applies to: Michigan
Replied: 4/14/2014

Answer By Christine James
James Law Group
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It is impossible to tell you your rights without a survey. I suggest you get a new survey and a good attorney otherwise you will likely be dealing with this for years to come.

Answer Applies to: California
Replied: 4/14/2014

Ashcraft & Ashcraft, Ltd.
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In the absence of local ordinance or covenants, restrictions or easements that burden the property, a property owner is free to build a fence on his/her own property. Entering a neighbor's property to destroy a fence would seem to be trespass and destruction of private property. A fence built directly on the property line may, if used by both parties, be owned by both parties and subject to maintenance obligations by both parties. In some states there are laws that prohibit private nuisance fences, fences that are too high and are built with malicious intent.

Answer Applies to: Illinois
Replied: 4/14/2014

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