Q: Removal of property line fence
Two siblings aquired real estate by intestate succession ( lot "A" ). As administrator I erected a fence to
separate lot "A" from Lot "B". My sibling sold his interest to the owner of lot "B" who removed the fence.
Lot "A" is now owned by the owner of lot "B" and myself. The property is owned as undivided interest between
us. I have not closed out the estate. My Questions are:
1. Does the owner of lot "B" have the legal right to remove the fence which the administrator erected to
protect the estate property??
2. If he does not have this right what are my remedies, is this a criminal or violation??
A:
As a co-owner (with you) of Lot A, the other owner probably has the right to remove the fence, as long as removing it doesn't lower the value of lot A. If it does, you could sue the co-owner for waste to the mutually-owned property. You might also consider suing the other owner for partition. Removing the fence would not be criminal.
I am not sure what you mean by indicating that you have not closed out the estate. Normally conveying property to the rightful heirs is about the last thing an estate administrator (personal representative) would do.
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