Re: OT: The question of fencing once again!

Posted by Paul in Mich on September 04, 2005 at 17:59:43 from (152.163.101.7):

In Reply to: OT: The question of fencing once again! posted by Rauville on September 04, 2005 at 11:27:41:

Rauville, I"m no attorney by any means, (Darned sure wouldnt want to be on either), but having read your post, my thoughts on the subject are this: If you had an existing fense along the same property line, and it was of legal height and in good repair, then the owner on the other side of the fense has no right to arbitrarlily remove it and replace it with one more to his likeing without first contacting you and comming to some sort of an agreement. I"d fight him tooth and nail if your fense was legal. If he wants a 5th strand of barbed wire and that is the only difference in what he tore down and what he erected, then the most you would have to pay is for 1/2 the cost of one strand of wire. I realize that there may be legal issues, but I doubt very seriously that the other guy followed the legal route. Another thing is the exact location of the fence. If he put any part of it on your sice of the property line, therefore infringing on your land, you may have cause for a lawsuit. A line fence means just that. It must be on the property line, and if it infringes either way, it must be there by agrerement of both parties. I don"t know what it would cost you to have the line surveyed, and perhaps it is surveyed and staked out. If so, if the other guy removed any survey stakes, then he again is in violation of the law. You as a property owner have just as many rights as he does, and there is nothing wrong with you exercising them.

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