How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38211
Experience:  17 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

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

Customer Question

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?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Iowa
JA: Has any paperwork been filed?
Customer: Yes they just served me papers
JA: Anything else you want the lawyer to know before I connect you?
Customer: They state my husband made a verbal agreement and we are separated. He made no such agreement.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Barrister replied 2 months ago.

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

Customer: replied 2 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
Expert:  Barrister replied 2 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

Expert:  Barrister replied 2 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