yes we have some questions about finding an appropriate selling price for our property
also our property adjoins other property that family owns and subsequently being used by them ie:livestock that is damaging the property my question is -can i take down a fence that allows them to keep animals on my property if the fence cuts across my property.(the fence actually cuts my 7.5 acres in half.

That has to do with easements and survey boundaries and the laws of your state. All of that points to a real estate litigation attorney.

You will not find an answer on here. Good luck-no legal advice

What Super said. Time to get a lawyer.

if it's owned by a member of your family, then maybe you two need to talk

Even if the neighbor isn't family the first thing to do is have a talk. I disagree with going to an attorney right away. And normally I agree with what Super and Dayton say. Keep an attorney out of it if possible. Talk to the neighbor. Does that neighbor know they are keeping animals on your property? Will they move the fence since you are trying to sell? If they will then problem solved and no attorney fees. If there are disputes about the boundry get a survey. Maybe two surveys if you and the neighbor still will disagree. If all that fails then find an attorney. It's to bad society has to always run to attorneys right away instead of trying to talk it out first. If you get an attorney right away and he/she sends a letter to your neighbor out of the blue then you imediately will have a defensive and possibly angry neighbor.

Without being a lawyer and not able to give legal advice, I can offer a common sense answer. If you take down the fence that encroaches on your land, you seem to be acting within your rights, but if it causes him damage (say the livestock escapes and is lost or injured, then you would be responsible. You would need to cooperate with the livestock owner.

That is just an opinion of an average joe, I am not a lawyer.
You should get one and also an Realtor to help you sell. Don't do a FSBO.

Land4salenow take super realtor advice and speak to an attorney and learn exactly what your legal rights are as well as the rights of your neighbour under the prevailing circumstances, before approaching your neighbour.

Your lawyer will not take any action without your express instructions and your neighbours will not know that you have even spoken to a lawyer.

If your lawyers believes that you have firm and justified legal grounds to remove the fence, then without mentioning your lawyer, you can approach your neighbour and explain that in selling your property a issue concerning the fence may arise and request his help in finding a solution.

Your neighbours response will determine whether or not you will require the assistance of your lawyer.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .

Get a lawyer, Realtor can't give legal advice.

Maybe he could put up a new fence ON his property line, then remove the one the neighbor put up! (Please don't take that as advice).

[quote=Paceryder][quote=Doin' bpose]Without being a lawyer and not able to give legal advice, I can offer a common sense answer. If you take down the fence that encroaches on your land, you seem to be acting within your rights, but if it causes him damage (say the livestock escapes and is lost or injured, then you would be responsible. You would need to cooperate with the livestock owner.

That is just an opinion of an average joe, I am not a lawyer.
You should get one and also an Realtor to help you sell. Don't do a FSBO.[/quote]

Maybe he could put up a new fence ON his property line, then remove the one the neighbor put up! (Please don't take that as advice). [/quote]



--- If they have an easement, he can't take the fence down at all.

It sure looks like there are legal issues that should be addressed by your lawyer before a Realtor becomes involved.

Time to phone a good real estate attorney. Yes, it will cost you but without solid legal advice it could cost you more in the long run.