Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I have a fence boardering issue. I just listed my house on…

Customer Question
I have a fence...

I have a fence boardering issue. I just listed my house on the market and I was served papers stating my fence was 18 inches on my neighbors property. Their lawyer is stating I have to move the fence and place it where they want it? Can't I just remove it and call it good?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Iowa

Lawyer's Assistant: Has any paperwork been filed?

Yes they just served me papers

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They state my husband made a verbal agreement and we are separated. He made no such agreement.

Submitted: 7 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
7/27/2017
Real Estate Lawyer: Barrister, Lawyer replied 7 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,114
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

.

Did you install the fence?

.

How long has it been there?

.

Are there any city or county or neighborhood requirements for fencing?

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 7 months ago
No the previous owner installed the fence in 2009. Both parties paid the fence the same day as installation and the neighbor linked onto my fence. I don't think there are any fencing guideline but not 100% sure
Real Estate Lawyer: Barrister, Lawyer replied 7 months ago

Ok, then you could argue about whether this was a mutual agreement on both neighbor's parts so as to waive any claim for encroachment.... Or you could, as you mentioned... just pull the whole thing up and dispose of it if they didn't want it any longer.

.

But they can't force you to reinstall the fence on your property if you don't want to if it actually is encroaching..

.

So just jerking it out of the ground and leaving the space unfenced might be the simplest option....Then if they want it fenced, let them pay for their own fence..

.

That is assuming that there are no rules or ordinances requiring fencing.... so you would want to check with any local zoning officials first and also any neighborhood HOA if you are in one..

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Barrister, Lawyer replied 6 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,114
40,114 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister 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

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

40,114 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
We have a real estate contract (as is) to purchase a home in
We have a real estate contract (as is) to purchase a home in Port St. Lucie that the title co. has been notified that there is a red flag regarding a permit that was not issued for a inground spa, sel… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Is the spouse survivorship real estate contestible? Can the
Is the spouse survivorship real estate contestible? Can the estate's excutor contest it? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,691 satisfied customers
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in NC in a hoa governed subdivision. My 3 neighbors
I live in NC in a hoa governed subdivision. My 3 neighbors have built pergolas in the past 3-4 years. I ask to to build the exact pergola and they refused my request. What might I do … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Seller lied about an encroachment on an FHA insured loan and
Seller lied about an encroachment on an FHA insured loan and home could not be resold , mortgage fraud? … read more
Damien Bosco
Damien Bosco
3,677 satisfied customers
If you cancel a real estate purchase contract before
If you cancel a real estate purchase contract before settlement, even if you have no contingency can you be sued for additional funds other than the your the money you gave after the contract signing.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,619 satisfied customers
My neighbor just sold their house pendin HOA approval for a
My neighbor just sold their house pendin HOA approval for a fence and pool, which was given. However, the property line between our houses doesn't permit the construction equipment to get to the back … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,332 satisfied customers
Florida Real estate question. If two parties are joint
Florida Real estate question. If two parties are joint owners each having sole survivorship, how is distribution of funds handled at settlement? Is regardless of who has more or less into the home or … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Real estate or propertyquestion. Az. My neighbor. Built a
My neighbor. Built a wall and car Ramada , partly on his neighbors property. The wall benefits both and he said neighbor said ok… read more
LegalGems
LegalGems
Juris Doctorate
11,042 satisfied customers
My neighbors have encroached on my property line...between 2
my neighbors have encroached on my property line...between 2 /12 to 3 1/2 ft making it parking & new bulkhead for them. I had survey done is how I know...I don't like this...what are my options … read more
Barrister
Barrister
Lawyer
40,114 satisfied customers
This is for a lawyer specializing in Consumer /Real Estate
This is for a lawyer specializing in Consumer /Real Estate law. I lost my job due to a disaster (hurricane), that destroyed my workplace. I would like know my rights and options before talking to the … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If my possessions have encroached on my neighbor's property
If my possessions have encroached on my neighbor's property line for years, do I have any right to that land?… read more
Barrister
Barrister
Lawyer
40,114 satisfied customers
My neighbor has accused me of encroachment and his lawyers
my neighbor has accused me of encroachment and his lawyers have sent me a letter to remove anything that is supposeably on my neighbors land but my neighbor has not shown anything that proves that we are crossing to his land. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I need a real estate lawyer who knows real estate in Oregon
I need a real estate lawyer who knows real estate in Oregon I need a lawyer who specializes in real estate law in the state of Oregon. I am quitting my current property manager and I will be managing … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,120 satisfied customers
I have a real estate question related to Florida Real Estate
I have a real estate question related to Florida Real Estate law. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,619 satisfied customers
My new neighbor is trying to claim that I am encroaching on
My new neighbor is trying to claim that I am encroaching on his property. I have been in my home for nearly 40 years. He claims to have a survey that backs up his claim … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
My neighbor says my house encroached on their land when my
My neighbor says my house encroached on their land when my builder built it am I responsible The state is MN … read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,290 satisfied customers
It isn't real estate law actually, it is an HOA question.
It isn't real estate law actually, it is an HOA question. Can you help with that? … read more
Barrister
Barrister
Lawyer
40,114 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