Q: Can I define a rental properties' boundary with fence posts, if we want the yard smaller than actual whole property?
My home is on adjacent property, when we bought the property next door, we moved fences to make our yard bigger & rental property smaller. We split it about in half. I repeatedly showed the renters where their property was by the posts in the ground but now they are threatening a lawsuit if they can't use all of it. The fence wasn't completely finished because it was winter but the side fence & corner post has been in since before they rented the home. They claim it's not defined in the lease. I didn't think it had to be if the posts & fence where there. Help!
A: Sounds as if you should have defined the useable outside living space in the lease. Generally speaking, when you leased the address it is assumed that the entire address and corresponding legal description is part of the leasehold. A real estate attorney would need to review your lease to be more specific.
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.
