Neighbor trying to knock down our fence

[Iamthequeen]

I bought my house 30 years ago. my survey says that my property is 60x145 as do all of my neighbors on my side of the street. The neighbors behind me also say there property is 60x145. When you measure from my curb to the neighbors behind me curb you get 280 feet. Yes, there is 10 foot descrepency on everyone's survey. I had my house resurveyd probally 20 years ago, which verified my property is correct. The neighbor behind me has been there longer than me and may never had a survey perforemed. Once she sells, I expect fireworks. My next door neighbor sold his house and had to move his fence 10 feet to sell as the people behind him refused to give up rights to 10 feet of property. Long Story short. Both property owners may be correct and the only one's who win is the lawyers.

Usually there is a right-of-way where the street is located and your property might be measured from the right-of-way line, not the curb line. Also, the property could be measured from the center of the street, depending on the regulations in place when your property was subdivided.

 

[sam_gordon]

Guy is clearly destroying her property.
He followed her onto her property... stalked, harassed, and is attempting to extort money from her.

She calls.... NOTHING happens... the authorities won't even talk to her...

HE calls with some bogus complaint against her... They are there, IMMEDIATELY....

It's a MAN'S world, people.

But the OP didn't make a harassment, stalking, or extortion complaint (and I don't think what he's done has met any of those). The builder claimed the OP "threatened" him. You can't compare the two.

 

[barkley]

I bought my house 30 years ago. my survey says that my property is 60x145 as do all of my neighbors on my side of the street. The neighbors behind me also say there property is 60x145. When you measure from my curb to the neighbors behind me curb you get 280 feet. Yes, there is 10 foot descrepency on everyone's survey. I had my house resurveyd probally 20 years ago, which verified my property is correct. The neighbor behind me has been there longer than me and may never had a survey perforemed. Once she sells, I expect fireworks. My next door neighbor sold his house and had to move his fence 10 feet to sell as the people behind him refused to give up rights to 10 feet of property.

Long Story short. Both property owners may be correct and the only one's who win is the lawyers.

the homes in the first neighborhood we owned in were like this. lots of original owners when we bought in the 90's-pretty much nobody moved unless it was to a nursing home or cemetery. when people went to sell there were always issues with the property lines. come to find out from talking to people who had bought the places new construction, and lived there since- they had been built in the late 50's/very early 60's with sidewalks and paved roads in place. sidewalks and paved roads that were to code THEN. as time went on and improvements to utilities occurred the city in tearing stuff up had to upgrade the sidewalks to meet ada requirements, and the roads to be wide enough for street parking and emergency vehicle access. so.................what appeared to be the end of someone's curb, might have been part of their front yard originally. where it got really hinky were the homes across the street from us-at one point the city had done some kind of land grab that ate up 10 or 15 feet of all those house's backyards so they could put a sidewalk walking path along the back. the paperwork for these homes had never been correctly updated and it caused havoc with buyers who didn't take a close look at how big their new backyard was as compared to the numbers on the old surveys.

 

[Gumbo4x4]

the homes in the first neighborhood we owned in were like this. lots of original owners when we bought in the 90's-pretty much nobody moved unless it was to a nursing home or cemetery. when people went to sell there were always issues with the property lines. come to find out from talking to people who had bought the places new construction, and lived there since- they had been built in the late 50's/very early 60's with sidewalks and paved roads in place. sidewalks and paved roads that were to code THEN. as time went on and improvements to utilities occurred the city in tearing stuff up had to upgrade the sidewalks to meet ada requirements, and the roads to be wide enough for street parking and emergency vehicle access. so.................what appeared to be the end of someone's curb, might have been part of their front yard originally. where it got really hinky were the homes across the street from us-at one point the city had done some kind of land grab that ate up 10 or 15 feet of all those house's backyards so they could put a sidewalk walking path along the back. the paperwork for these homes had never been correctly updated and it caused havoc with buyers who didn't take a close look at how big their new backyard was as compared to the numbers on the old surveys.

After a big flood, the main channel of the Missouri River is frequently a LONG way from where it once was. You should see the mess that ensues when a farmer realizes his house and his farmland are no longer on the same side of the River

 

[BaileyKin]

UPDATE for anyone following this story.

After getting the run around from everyone, I decided to take matters into my own hands and go down to town hall myself. First, I went to the town research department who provided me with my land survey AND his land survey. Guess what? My fence is shown on my survey and even says that I own exactly 1.9 feet after my fence. His land survey shows that he needs to build a retaining wall on HIS side of the property line without touching ours.
Thanks to the person who suggested I contact the conservation committee. They just happened to be in the same building I was already in and they helped me out big time! I explained my situation, and they were surprised to find out that the builder/owner didn't have any permits to change the grading of the land or build a retaining wall. They sent an engineer to the property today and he took pictures of everything. It turns out that between my house and his, there is not an 8ft drop at almost a 90 degree angle that he made when he was on the bobcat. Lucky for us, it just happened to be raining today and the engineer noted that there was no drainage and it was a violation. Now I don't know really anything about grading and drainage, but I know that this engineer said it was really bad and he's reporting everything. I don't know what happens from there, but I'm thinking he'll get a fine or summons from the town?
As far as my fence and property being destroyed, I am well within my rights to go to civil court and sue for the damages...with documentation from the town and the engineers on my side. He is legally not allowed to touch my property anymore and we were advised to call the police if he tries to because that will be considered criminal activity. The only thing left to do is record myself verbally telling him that he is not allowed to touch our property and that he will be considered trespassing if he tries to. That will be evidence enough to the police to complain about any further trespassing.
To be honest, I feel like a weight has been lifted off of my shoulders and I can hope that this guy won't be a problem anymore. I am a little worried that he will be the owner of the house as well as my neighbor, but I wasn't about to let him bully us around because I was scared of causing any future neighborly conflicts. Maybe now he sees that he can't be a bully and we will fight back if we have to. I'll update if anything else changes and I can post some pictures if anyone wants to see them.

Thank you so much for all of your wonderful advice!

 

[Wishing on a star]

Glad to read your update!

 

[Liz]

UPDATE for anyone following this story.

After getting the run around from everyone, I decided to take matters into my own hands and go down to town hall myself. First, I went to the town research department who provided me with my land survey AND his land survey. Guess what? My fence is shown on my survey and even says that I own exactly 1.9 feet after my fence. His land survey shows that he needs to build a retaining wall on HIS side of the property line without touching ours.
Thanks to the person who suggested I contact the conservation committee. They just happened to be in the same building I was already in and they helped me out big time! I explained my situation, and they were surprised to find out that the builder/owner didn't have any permits to change the grading of the land or build a retaining wall. They sent an engineer to the property today and he took pictures of everything. It turns out that between my house and his, there is not an 8ft drop at almost a 90 degree angle that he made when he was on the bobcat. Lucky for us, it just happened to be raining today and the engineer noted that there was no drainage and it was a violation. Now I don't know really anything about grading and drainage, but I know that this engineer said it was really bad and he's reporting everything. I don't know what happens from there, but I'm thinking he'll get a fine or summons from the town?
As far as my fence and property being destroyed, I am well within my rights to go to civil court and sue for the damages...with documentation from the town and the engineers on my side. He is legally not allowed to touch my property anymore and we were advised to call the police if he tries to because that will be considered criminal activity. The only thing left to do is record myself verbally telling him that he is not allowed to touch our property and that he will be considered trespassing if he tries to. That will be evidence enough to the police to complain about any further trespassing.
To be honest, I feel like a weight has been lifted off of my shoulders and I can hope that this guy won't be a problem anymore. I am a little worried that he will be the owner of the house as well as my neighbor, but I wasn't about to let him bully us around because I was scared of causing any future neighborly conflicts. Maybe now he sees that he can't be a bully and we will fight back if we have to. I'll update if anything else changes and I can post some pictures if anyone wants to see them.

Thank you so much for all of your wonderful advice!

This is such terrific news! I have been following along and feeling so bad for you. I'm sure we would all love to see photos! Really hoping this guy doesn't end up being your neighbor!

 

[ilovepcot]

What a great update! I can't imagine anyone (builder) being soooo ignorant.

 

[Liz]

Just one more thought, I wonder if you could send him a certified letter with instructions to stay off your property rather than having to film yourself telling him that. I wouldn't want to talk to him again if it were me.

 

[summerblue]

Read your most recent update, I was going to suggest that you go to county inspector, so good for you for doing it already.

We own a construction business, and while we sometimes have to move survey pins (very rarely and with permission) we spray out the lines to make sure there are no boundary confusions during construction.

Don't just verbally tell him to stay off your property, get you a couple no trespassing signs (couple dollars at walmart, lowes) put them at your property boundaries, in my state if you gave physical no trespassing signs up, you have the right to shoot someone on your property, not that you want to get that serious though .

You can also just call a lawyer and talk to them, most offer a free consultation. Tell them your situation, what is going on, if you gave to go to court, they can include in their claim to have the neighbor pay your lawyer and court fees. Many lawyers will even wait on payment if it is clear cut that you are in the right and the law is on your side.

Actually your neighbor should be thanking you for calling zoning on him, had he built that retaining wall, even fully on his property without permits, the city can come in and make him tear it down, then he is out 55k, I have seen it done.

 

[AnAmericanInDisney]

I'm glad you are feeling better about the situation and that someone at the courthouse was able to help- for free. Has he done anymore building or digging?

 

[MmmSuite]

Great great news! I was worried about you and what was going to happen!!!!

I hope he stays AWAY!

 

[sam_gordon]

OP, great to hear the update!

As far as this...

Don't just verbally tell him to stay off your property, get you a couple no trespassing signs (couple dollars at walmart, lowes) put them at your property boundaries, in my state if you gave physical no trespassing signs up, you have the right to shoot someone on your property, not that you want to get that serious though .

I'd check your local laws. As I understand it, "No trespassing" doesn't immediately mean someone is breaking the law if they enter your proptery. What it does mean is if you tell them to leave and they're not allowed to return, THEN if they do they're breaking the law. I still don't know that that gives you the right to shoot them.

 

[sookie]

Just one more thought, I wonder if you could send him a certified letter with instructions to stay off your property rather than having to film yourself telling him that. I wouldn't want to talk to him again if it were me.

Yes! Do this.
Also - I would still go ahead and retain a lawyer. Spending a few hundred on a good lawyer is cheaper than the damage he has probably already done to your property (causing gaps and holes under the fence which will have to be repaired).

 

[NHdisneylover]

What an excellent update! Well done OP Please let us know what happens next.

 

[summerblue]

OP, great to hear the update!

As far as this...

I'd check your local laws. As I understand it, "No trespassing" doesn't immediately mean someone is breaking the law if they enter your proptery. What it does mean is if you tell them to leave and they're not allowed to return, THEN if they do they're breaking the law. I still don't know that that gives you the right to shoot them.

Yes it is different everywhere. Here you just have to have it posted, you do not have to give a verbal warning. Obviously, it is good manners yo give verbal warning first, rather than just shoot . We actually double checked our laws last year, as all our property is posted, we were having major problems with people coming on our farm messing with cows, stealing iodine, etc. we were told we did not have to give any kind of warning since our land is properly posted.

Anyways, my point wasn't to go shoot them, lol, but that the signs give you a stronger leg than just a verbal statement, even if you record it they can say "I forgot".

And just to be clear, I wouldn't actually shoot someone on our property unless I felt our safety was truly in danger, in our case it was a bunch of dope heads causing problems. DH and I both happen to be excellent shots, after confirming the law I will admit that the next time we caught them on our property I shot a bucket about 15 feet away from them, and told them the next time I wouldn't miss. No surprise we haven't had any issues since.

Oh and most places removing trespassing signs is considered a criminal offense.

 

[rodeo65]

Great to hear your update! I've been checking in on the thread wondering how things were going. Thanks for letting us know and yes I'd love to see pictures too!

I also agree with Liz that a certified letter is an excellent idea. Anywhere you can have a written trail is good in the event you need to back yourself up later.

 

[Keira1387]

I have also been checking back and happy to hear this!

 

[DWGal210]

Great update!

 

[Halloweenqueen]

Awesome news!