Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I live on 9.5 acres in TN. My neighbor behind me has a legal

Customer Question
I live on 9.5 acres...
I live on 9.5 acres in TN. My neighbor behind me has a legal deeded easement to his property. A recorded plat of my property shows a fence line to be the boundary of our two properties. The fence, and I use the term loosely is a couple of patched strans of barbed wire and crooked "T" posts. Neighbor has dual residency in another state so he's not here most of the time. He has never to my knowledge trimmed grass, weeds, or briars out of the fence row and that adds to the ugliness and deters I beleive my property value. Mowing my grass along the fence is difficult because of all the loose barbed wire and wild rose bushes grown up in the fence row. Recently another neighbor's horses got out and ran thru the fence, causing barbed wire to be strewn across my lawn. This has happened before, and I had to repair my lawn mower as a result of accidentally mowing over wire.

I was so frustrated, I took the fence down. I have an estimate to replace the fence with a nice 6 foot livestock fence. The estimate is $2900 and I have not asked the neighbor to contribute at all. He's back in town, and insists that I trespassed in taking the fence down. I explained I have a survey (recorded) that clearly shows the fence on the line, and as he was not making an attempt to keep the fence in good order, and I hand no way of contacting him, I took it down. I also told him I had plans to replace the fence with a nice quality fence within two weeks. He said he would be talking to his lawer. I guess my question is, should I be concerned? I have two small children that play in my yard, and i would be devistated if they were to get hurt on the loose wire.
Submitted: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 24 minutes by:
4/29/2009
Lawyer: TexLaw, Attorney replied 8 years ago
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
DearCustomer

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.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

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.


TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask TexLaw Your Own Question
TexLaw
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Lead trial/International commercial attorney licensed 11 yrs

TexLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I was referred to your Legal Representation for Tenants from
I was referred to your Legal Representation for Tenants from Tenants Rights Group. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
I'm being tortured and need legal representation for medical
I'm being tortured and need legal representation for medical malpractice, family law and civil rights and have no money. What should I Do? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,299 satisfied customers
I'm looking for legal representation for a bill collection
I'm looking for legal representation for a bill collection with AT&T where I say they old me a refund because the services they used was supposed to provide me was not provided to me which I still hav… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
I am looking for representation regarding a Company, Ditech,
I am looking for representation regarding a Company, Ditech, that I feel is harassing me. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I am inquiring about international legal representation. and
I am inquiring about international legal representation. I am Canadian and have legal distribution rights in the Philippines. The manufacturer is in Germany and is threatening to open up partnership w… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,289 satisfied customers
This is my question, As legal representive of my Aunts
This is my question, As legal representive of my Aunts estate. All the paperw ork ahs been processed. After the estate inventory has been possted my nephew whose haassn't been aroundm for over 10 year… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,334 satisfied customers
I am unable to find representation to help me sue a judge
I am unable to find representation to help me sue a judge who sexually abused me. Everyone claims "conflict of interest," including rape advocacy groups. I've been trying for almost a year. I finally … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
My attorney dropped me in his representation of me in a
My attorney dropped me in his representation of me in a Superior Court Appeal and now and I am pro se. He wrote the complaint and I have to deal with what he submitted since the hearing is on Nov 1. I… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I am currently seeking representation to a slander,
I am currently seeking representation to a slander, defamation, libel case... … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
HOW DOES ONE GET REPRESENTATION IF TELEPORTED TO LIKE
HOW DOES ONE GET REPRESENTATION IF TELEPORTED TO LIKE LOCATIONS AND PERSECUTED BY LIABLE ELECTRONICS SURVEILLEINCE INDUSTRY? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
290 union carpenter, I am looking for representation in a
Hi, I am Local 290 union carpenter, I am looking for representation in a situation of employment discrimination based on favoritism in Union among members … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I am looking to gain legal representation for CPS defamation
I am looking to gain legal representation for CPS defamation of character and filing accusations under false pretense … read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
I am looking for representation for my severely autistic son
I am looking for representation for my severely autistic son and the damages that were caused due to negligence from the medical professionals I took him to … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
Attorney has filed Petition to Withdraw from Representation
Attorney has filed Petition to Withdraw from Representation from a filed Lawsuit. This is pending Court approval, which may take up to 3 weeks. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I an trying to ascertain if pro bono representation received
Good evening. I an trying to ascertain if pro bono representation received by a former spouse could be considered as income or in-kind benefits for the purpose of calculating child support … read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
If I am seeking representation from a lawyer and he is
If I am seeking representation from a lawyer and he is working with the same party, fighting the same issue, is this illegal?… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
What type of Attorney do I need in my representation in
What type of Attorney do I need in my representation in animal control citations which are petty misdameanors (x4)? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
Need representation for a civil action summons. New jersey.
Need representation for a civil action summons JA: What state are you in? It matters because laws vary by location. Customer: New jersey JA: Has anything been filed or reported? Customer: yes JA: Anyt… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x