Springfield, OH asked in Land Use & Zoning for Ohio

Q: We believe our neighbor has built a fence into o it property line. What can we do?

We purchased the house July 2020. He claimed the fence as his on the property line. After research to build a privacy fence we found the property makers are on the other side of the fence. The fence he claims appears to be about a foot or more into our property line. He is refusing to take it down claiming it is the property line. What can we do? Does he have to prove it is his fence? We are only asking him to remove it and allow us to replace it with a brand new fence. The one that is currently up is dangerous with split metal wires and is really an eyesore. What can we do?

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Real Estate Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Disputes with neighbors can be difficult to resolve, and can get worse. So try to work it out with the neighbor. If you are unable to get the neighbor's cooperation, you first must obtain a survey of your property to confirm your exact boundary lines. Then if the survey confirms the fence encroaches, you could send a letter asking the neighbor to remove it. But if the fence (together with any prior fence) has been there more than 21 years, the neighbor could claim that he has acquired the right to keep the fence there by "adverse possession." That would have to be decided in court. Use the Find a Lawyer tab to retain a local real estate attorney who can review all the facts and advise you.

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