Cleveland, OH asked in Real Estate Law for Ohio

Q: I signed a document stating that my neighbor could put a fence without a survey being done.

Now that I had one done, he is on my property by 2 feet. Can I have him remove it?

Related Topics:
1 Lawyer Answer
Bruce Martin Broyles
Bruce Martin Broyles
Answered
  • Lancaster, OH
  • Licensed in Ohio

A: The document you signed needs to be reviewed. It depends on the language of the document as to whether you can have the fence removed. The real property still belongs to you (unless the language of the document states something different), and your neighbor cannot make any claim to the property by adverse possession as you voluntarily allowed the fence to be placed there.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.