Silt Fence

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jjaskey

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Last year I puchased a peice of property in a forclosure sale. It was a graded piece of land and was being prepared for an industrial project. There was a silt fence in place for erosion control.

I recently received a letter from a contractor saying that he had a contract with the original developer for the installation and removal of the silt fence. He informed me that he will commence removing the fence next week.

I sent him back a letter asking him to not remove any part of the fence and asked him not to trespass on our property. We still plan to develop the land.

I just receivved a letter back from him saying that he had talked to the original developer and he told him it was OK to remove the posts. He said his construction company owed the posts--not the original developer. I had no knowledge of any preexisting contracts.

All legal posting were complied with prior to foreclosure. There were no liens on the property. We have clear legal title to the land.

Does he have the right to remove the fence posts which he says are his?
 
No - the property is now yours and everything that was on the property at the time of the sale and was not removed prior to foreclosure is now yours. You are not responsible for the arrangements made by the previous owner. If he trespass to remove the posts, call the cops.
 
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Thanks. You confirmed what I thought to be the case. I'll be happy to give him the posts and fence when they are no longer needed, but I just wanted to know my rights. Blessings.
 
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