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In the case of real estate property owned 50% each in joint

 

Customer Question

In the case of real estate property owned 50% each in joint tendency, if one party puts up a fence in which placement is diputed by the second party, is it legal for the second party remove it?

 

Optional Information:
Country relating to Question: United States
State (if USA): Minnesota
What have you tried so far?: verbal request to move the fence to a previously agreed posistion.

Submitted: 250 days and 7 hours ago.
Category: Legal
Value: $28
Status: CLOSED

Accepted Answer

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Expert:  lwpat replied 250 days and 7 hours ago.

Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.

When property is held in Joint Tenancy, each party has full rights to the use of the property. That means that one party can erect a fence without approval of the other. The other can also legally take down the fence. However, that is sure to cause problems that you may not want to start. If you are having this much of a problem it is probably time for one party to buy the other one out or put the property up for sale.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 96.7 %
Accepts: 7192
Answered: 8/21/2012

Experience: Actively practicing trial attorney

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