Real Estate Law
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I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
There is no general grandfather law. That's a common misconception. The term grandfathering refers to a situation where a new law is passed, and the legislature includes a clause stating that people who were not in compliance with the law at the time it went into effect are "grandfathered" in and therefore exempt. This is not required.
You may also be thinking of adverse possession, which is a law that sometimes allows people to occupy someone else's land for an extended period of time to keep it due to their inaction. Unfortunately, a person cannot adversely possess property owned by state, federal, or local governments. So there is no defense here to having to remove the fence. You might be able to sue the person who sold you the property if they were aware of the issue and did not disclose it to you, as long as the house was purchased within the past 2 years.
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