Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I bought a home with a large yard that was fenced into my unit. The unit was advertised as having a large yard. A neighbor claims it is ‘common property’ and that a past owner just fenced it off. I had planned to build a pool in my yard. What should I do?
Have you read the documents that you were given when you bought the unit? That should make it clear whether the yard is or is not for your exclusive use (note that this is not always the same as whether it is commonly owned). If the documents claim that your yard is, well, *your* yard, try showing them to your neighbor. If that doesn’t work, or if the seller misrepresented to you the boundaries of your property, it may be time to have a local property attorney review your documents and go over your options.
