Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.
I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.
In short, you should always be concerned when someone threatens you with legal action. In response to your question, I reviewed several Tennessee cases regarding boundary line disputes and fences. I have not located a case which specifically answers your question. However, I do not doubt that there likely is a case which controls this issue. Based on general knowledge, fences which are on boundary lines are generally treated as property which is jointly owned by the landowners on each side of the boundary, unless the fence is actually within the boundary or one of the landowners can prove that they were the party which built the fence. In your situation, the old fence was actually becoming a nuisance to your right to quiet enjoyment of your property, and was also a danger to your children because of its hidden defects. As this is the case, you had a good right to take the fence down, and have a probably legal defense if you attempted to contact the landowner but he was unavailable.
I would inform the landowner that you intend on building a new fence at your sole cost, and that if he pursues legal action, you will countersue against him for nuisance and seek the costs of the new fence as your damages. Tell him he will spend a lot of money on attorney fees on a case where the court would only tell him that he has no damages, as you have built a new fence.
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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation
, you should consult with an attorney licensed to practice in your state.