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  1. #1
    Join Date
    Apr 2015
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    2

    Default Can Your Neighbor Remove a Fence That is on Your Property

    My question involves real estate located in the State of: Ohio

    About 9 months ago, my neighbor decided to take down a fence between our properties. I was not given any notice of it or when or if they were going to erect a new fence and they have not contacted me in any way regarding it. I have a black lab who was stuck inside for the last 9 months and I couldn't afford to replace the fence myself. About a month ago, I was able to raise enough money to erect a fence myself, which I did and set it about 6 inches towards my property of the old line so there wouldn't be any disputes about it being on their property. Now today I looked outside and noticed there are large posts laid out along my fence line for livestock fencing. I believe they are preparing to put up livestock fencing for cows, and my question is, are they allowed to take my fence down without my approval? What should I do if they do? Can they be held liable to at least reimburse me for the cost I paid for putting the fence up if they remove it? I have tried in vain to contact them, but they rent out the house next to me and the occupants claim they have no number to reach the owner (strange, indeed). I have taken many pictures in case they do, but I dont know what my legal standing is.

  2. #2
    Join Date
    Oct 2006
    Posts
    15,896

    Default Re: Neighbor Preparing to Erect New Fence

    Quote Quoting Astrodaddy
    View Post
    My question involves real estate located in the State of: Ohio

    About 9 months ago, my neighbor decided to take down a fence between our properties. I was not given any notice of it or when or if they were going to erect a new fence and they have not contacted me in any way regarding it. I have a black lab who was stuck inside for the last 9 months and I couldn't afford to replace the fence myself. About a month ago, I was able to raise enough money to erect a fence myself, which I did and set it about 6 inches towards my property of the old line so there wouldn't be any disputes about it being on their property. Now today I looked outside and noticed there are large posts laid out along my fence line for livestock fencing. I believe they are preparing to put up livestock fencing for cows, and my question is, are they allowed to take my fence down without my approval? What should I do if they do? Can they be held liable to at least reimburse me for the cost I paid for putting the fence up if they remove it? I have tried in vain to contact them, but they rent out the house next to me and the occupants claim they have no number to reach the owner (strange, indeed). I have taken many pictures in case they do, but I dont know what my legal standing is.
    If the fence is on your property, no, they cannot take it down. They can also put up a fence on their side of the property, but they cannot take yours down.

  3. #3
    Join Date
    Apr 2015
    Posts
    2

    Default Re: Neighbor Preparing to Erect New Fence

    I would be ok with them putting up a fence on the other side of mine, it would be like double protection for my dog, Im just nervous that once I leave for work, they will take my fence down if they feel it makes it easier for them to erect their new fence. The fencing I have put up will not hold livestock back like the fencing they want to erect. Im guessing if they do, i'll have to contact an attorney, which is something I would rather not do, I would much rather be good neighbors than argue over a fence.

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,559

    Default Re: Neighbor Preparing to Erect New Fence

    I would much rather be good neighbors than argue over a fence.
    Any attempts to resolve the issue in that manner will work well for you if and when you get in front of the judge of the Common Pleas Court.

    It's best at this point to head this off by getting a local attorney to write a letter to the neighbor warning them off against trespassing and causing vandalism, with the Ohio penalties clearly explained to the neighbor. Doing so will not mean that you are going to court, but likely that you have headed that off for a small price well ahead of time. And likely a smaller price to reconstruct a fence at your own expense. But first you need to understand where your actual property line exists on the ground. If you claim trespass, you need to have evidence of where the actual boundary exists, otherwise the neighbor can simply dispute your claim and the court will sit back, relax, and order a survey done at your expense. Your attorney's letter will likely be answered in this manner by his attorney. Be prepared for that.

    Good Luck!
    Resistance is not futile; it is voltage divided by current.

  5. #5
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Neighbor Preparing to Erect New Fence

    Was the old fence on the property line? Do you have a boundary survey that proves that? It seems that you have been using the fence as if it is an indicator of where the property line sits, but are you sure of that? Makes a big difference. Perhaps the old fence was built with a 1 foot setback, and you have inadvertently put your new fence on their property.

    No, they should not take down the fence you put up without notifying you, but that doesn't mean they won't, especially if it is encroaching.

    I'm unclear, are the people putting up the fence the owners of the property, or renters?

  6. #6
    Join Date
    Nov 2013
    Posts
    6,632

    Default Re: Neighbor Preparing to Erect New Fence

    I suggest that you read the Ohio boundary fence statute.

    http://codes.ohio.gov/orc/971

  7. #7
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,559

    Default Re: Neighbor Preparing to Erect New Fence

    I suggest that you read the Ohio boundary fence statute.

    http://codes.ohio.gov/orc/971
    Good stuff there.

    I have actually already read it and based my previous comment, in part, on it. Perhaps you could expand on your insight into that part of the ORC and explain your comment in further detail to the OP whom you apparently think has not has his question answered adequately at this point.

    Thank You
    Resistance is not futile; it is voltage divided by current.

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