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Who is responsible for fence removing?

Mason, OH |

I hired a contractor to put up a fence in our backyard. I showed a contractor stakes in backyard. Contractor told me the house behind us surveyed their yard and still stakes are there and connect these stakes. He told us that we don't have to survey, we are safe. Next door complained the property line to the contractor when he started working, he ignored and finished putting a fence. (I was not home during construction) We surveyed our yard and found out the contractor put fence in next door's property. Who is responsible for paying removal. Us or a contractor?

Attorney Answers 2


  1. Best answer

    I suggest you consult with a local attorney who is well-versed in real estate and consumer protection law. Under the Consumer Sales Practices Act, a supplier who engages in a commercial transaction with a consumer must not commit an unfair, deceptive, misleading, or unconscionable act in connection with that transaction. An attorney may help you reach a resolution whereby the contractor would pay for the removal and re-installation, should that be what your neighbor desires.

    Disclaimer: This does not constitute legal advice. No attorney-client relationship has been formed through this answer.


  2. This is not a question for the "Divorce" category. I would suggest you re-categorize it as a "real estate" question or a "consumer sales" issue.

    IMPORTANT LEGAL NOTICE: Mr. Piper's response set forth above is not legal advice and it does not create an attorney-client relationship. Mr. Piper's responses to all questions posted on AVVO are intended to provide general information based upon the his understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances which might invalidate some or all of the concepts provided in this answer and therefore you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state. Mr. Piper is licensed to practice law in the State of Ohio, and may be contacted directly via email at: piperlawoffice@gmail.com.

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