My uncle sold property to the city and passed away a few years after but we are now having trouble with the city due to the contrtact. In th...

Question

My uncle sold property to the city and passed away a few years after but we are now having trouble with the city due to the contrtact. In the contract it states the city is required to put up a fence on the property line once the open space is considered to have active use. How can you define "active use" on open space? The mayor is refusing to put up a fence now and says he does not consider the cutting of hay on the property or gardening "active use."

Answer

Sounds like active use to me. The problem is you'd have to sue the town to force them to put up the fence. You'd probably win (I'd have to see the contract to be more certain), but unless the contract provides for attorney fees to the winning party, you'd have to pay your own lawyer (around $2500 sounds in the ball park). Also check to see if the contract calls for arbitration rather than court.