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Attorney Tom Olsen is host of the Olsen on Law Radio Show on in Orlando. You can reach Tom at 407-423-5561 or tom@OlsenLawGroup.com. Tom has been answering legal questions on his radio show for over 35 years and has been practicing law in Orlando for 40 years. Also, TEXT or call Attorney Chris Merrill at 321-207-8384 with your legal questions.

The Olsen on Law Radio Show is America’s longest running legal radio show.

Produced by Professional Media Ideas. Call or text Chrissy Merrill at 321-207-8384 or by email at chris@olsenlawgroup.com

Transcript:
Greg: My mother-in-law and her neighbor have a fence in between their properties. Part of that fence has rotted away and [unintelligible 00:00:07] down. She has asked the owner of the other property to repair the fence and they claim that it is her fence, even though they recently repaired it. They say it's hers. She says it's theirs. What's a good course of action, particularly, since the fence is laying on her property right now?
Attorney Tom Olsen: Whose it is will be determined by a survey. Maybe your mother-in-law's got a survey, maybe the neighbor's got a survey, and that would answer the question for us. Wherever that fence posts lie, it belongs to that owner. If the fence has literally fallen over and is laying on your mom's property, it's now her fence and she needs to dispose of it. Not necessarily re-install it, but throw away somewhere. Does that answer your question for you Greg?
Greg: Okay, cool.
Attorney Tom Olsen: Ask her if she's got an old survey and that survey typically will show that fence and that will answer the question as to who it belongs to.
Greg: Okay, great. Thank you so much.
Attorney Tom Olsen: Greg, let me go a step further. Let's just say that the neighbor had installed that fence, let's say then that that fence installer made a mistake and installed it on your mother-in-law's property. Well, even the neighbor who installed it, paid for it. If it's on your mother-in-law's property, it's her fence to do with as she pleases.
Greg: It is my belief that it probably is on their property, but it's right on the line, very very close either way from what I can tell.
Attorney Tom Olsen: All right. I hope that answers your question for you, Greg. Now, when you pay a fence company come install your fence, usually they want to take a look at your survey. Usually they're going to install it about 6 inches to a foot inside your property line, just to make it pretty, really clear as to who that fence belongs to. That other, that 6 inches, that 1 foot on the other side of your fence, that 6 inches or 1 foot will always be your property. Just because it's on the other side of the fence, just because your neighbor mows it, maintains it, puts a flower bed on it, it's always going to be part of your property. Don't worry about that part.

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