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    30 Wentz v. Fincher

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    Abraham Guiyab
    A man built a fence on land that he did not own. The owner of the land removed the fence and kept the materials for himself. The question was whether the man who built the fence could take legal action against the land owner. The court ruled that since the fence was built on land owned by another without permission, the fence legally belonged to the land owner and no action could be taken against the land owner for appropriating the fence materials, unless the land owner removed the fence in a way that breached the peace.

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    30 Wentz v. Fincher

    Uploaded by

    Abraham Guiyab
    9 views1 page
    A man built a fence on land that he did not own. The owner of the land removed the fence and kept the materials for himself. The question was whether the man who built the fence could take legal action against the land owner. The court ruled that since the fence was built on land owned by another without permission, the fence legally belonged to the land owner and no action could be taken against the land owner for appropriating the fence materials, unless the land owner removed the fence in a way that breached the peace.

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    Case Digest

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    A man built a fence on land that he did not own. The owner of the land removed the fence and kept the materials for himself. The question was whether the man who built the fence could take legal action against the land owner. The court ruled that since the fence was built on land owned by another without permission, the fence legally belonged to the land owner and no action could be taken against the land owner for appropriating the fence materials, unless the land owner removed the fence in a way that breached the peace.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    9 views1 page

    30 Wentz v. Fincher

    Uploaded by

    Abraham Guiyab
    A man built a fence on land that he did not own. The owner of the land removed the fence and kept the materials for himself. The question was whether the man who built the fence could take legal action against the land owner. The court ruled that since the fence was built on land owned by another without permission, the fence legally belonged to the land owner and no action could be taken against the land owner for appropriating the fence materials, unless the land owner removed the fence in a way that breached the peace.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    Wentz v.

    Fincher
    55 Am. Dec. 416. August Term, 1851.

    Facts


    A man built a fence upon land which he had no title to and the owner of the said land decided to effect the
    removal of said fence and appropriated its material for himself. The question is now whether the one who
    built the fence upon the others land has any right of action against him.


    Issue/s
    May an action be maintained against the owner of the land upon whom a fence was built by another party,
    if said owner decides to appropriate the material of said fence?

    Lesson Learned

    No, in law, the fence is the property of the owner upon whose land the same was built when the builder
    had no title thereto. Thusly, no action may be maintained. The exception to this would be if the owner of
    the land effected the removal of the fence in such a manner as to constitute a breach of the peace.

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