Kenneth A. Weber, Et Al. v. Harold W. Kroeger, ET Al.

Kenneth A. Weber, Et Al. v. Harold W. Kroeger, ET Al.

Two adjoining property owners disputed their shared boundary line. The contractor who renovated the houses on each of the parcels owned both properties before selling them to the parties, and he erected a privacy fence where he thought the property line was located. A survey conducted years after the parties had purchased the properties placed the boundary line in a somewhat different location than the location of the privacy fence. When one of the property owners began dismantling the fence in an effort to utilize the property that the survey showed belonged to them, the neighboring owners obtained a temporary restraining order to maintain the status quo and filed a declaratory judgment complaint to determine the boundary line. The trial court entered a judgment declaring that the privacy fence was the boundary line and that the parties jointly owned the fence. On appeal, we affirm the trial court’s ruling declaring the location of the boundary line, but we reverse the ruling that the fence is jointly owned.

Authoring Judge: 
Judge Andy D. Bennett
Originating Judge: 
Chancellor Anne C. Martin
Date Filed: 
Thursday, October 10, 2019