Neighbor trying to knock down our fence

[Arielle22]

I don't see how calling the police is going to help. Police will tell you it is a civil matter and may not even file a report.

I would go with the zoning board and the town government.

 

[kwelch10377]

I don't see how calling the police is going to help. Police will tell you it is a civil matter and may not even file a report.

I would go with the zoning board and the town government.

The police may help because he is destroying her property.

 

[barkley]

The police may help because he is destroying her property.

it might be considered vandalism-which the police may take a report on.

 

[cabanafrau]

Call the cops and get a lawyer, asap. That guy's just going to keep doing what he's doing until you file an injunction.

Precisely. The longer you wait, the more progress he makes, making it all the more likely he's either going to get away with more, or going to increase the cost of the legal battle. The call to the police is merely an attempt to stall him, hope to have objective evidence to submit & prove that you attempted to mitigate the damages. Other than that you're only going to get satisfaction by retaining a lawyer to do battle for you.

The longer you wait allows the builder more time to change the look of the land, your fence, etc. -- all of which may end up benefiting him.

 

[3boymthr]

Take pictures, take pictures, take pictures. And, if the police can't help, ask about renting a cop. My parents had a similar but different issue with property lines and removing land a number of years ago. The builder was removing land from the edge of the property where there was a huge hill and at the same time the trees on the edge of the property line on top of the hill were falling down. After issuing a cease and desist that was ignored and getting a surveyor out there who was also ignored. My parents hired a cop to come and witness it all as an impartial witness to what was going on (ETA - he sat in his car and just took pics and wrote down what he witnessed). When the took the builder to court he lost - Big time. He had to pay for each tree that fell plus the erosion issues that resulted and considering the trees were older and natural it cost him $$$$$$ and well offset the cost of the cop.

 

[NHdisneylover]

You have gotten great advice. I will add, as only a few people have mentioned it, TAKE PHOTOS. Lots and lots of photos. Go out right now and take several (take them with you to the zoning office and police when you go in and person) and check daily for more damage and photograph it every time it occurs.

 

[Cannot_Wait_4Disney]

Call the cops. If it was a group of high school kids knocking your fence down, wouldn't you call the cops? Why is it any different because it's a builder knocking down your fence, on your property? What if you had a shed out there and he knocked it down?

The difference is the kids knocking it down is a crime. They have no right to be on either property and came specifically to commit vandalism. The builder next door undermining it in the process of construction is a tort. Police handle crimes, not torts. And again unless it can be proven that in fact the builder removed those pins and did so on purpose, it's a civil matter. The best thing to do is take pictures, get a survey confirming the fence is in the correct position, take more pictures. Then she has the evidence she needs to sue the builder if he wrecks it.

 

[DebbieB]

Typically a retaining wall belongs to the owner whose dirt is behind it. That's what I was told when a wall at the end of my property needed repair.

 

[rapunzelrocks]

You live on a hill, right? My first thought was that if he's gouging out parts of the hill, you could lose a lot more than a fence. I'd lawye up now.

 

[Praying Colonel]

I always think of late spring/early summer as "Boundary Line Dispute Season." Weather gets warm, folks start moving around outside and doing stuff--raises the likelihood that one neighbor doesn't like where another neighbor put their fenceline, or planted a rose bush, or where Fido is doing his business, etc. But this is taking that to a whole other level.

I'd try a 2nd conversation with him on what the city said about the boundary line. If he still won't back down, I'd retain counsel and seek damages for what he's done to your property. My guess is the police will say this is a civil matter and not do anything.

 

[AnAmericanInDisney]

From FindLaw:

What remedies do I have if my neighbor starts to use my property?

When you think that your neighbor is starting to use your land, even if it just a minor thing like building a fence in the wrong location, you need to act immediately. Property boundaries are very important when it comes to the use of land, and even a small encroachment by your neighbor onto your land may result in consequences that you cannot foresee.

For instance, if your neighbor builds a fence or a new driveway that comes onto your property by a few inches, this may be enough for a title company to refuse to issue insurance when it comes time to sell your house. Also, many states have laws that allow a person who uses another's land for a long enough time period to actually gain a legal right to continue to use the land, and in some cases, even gain ownership of that land.

As with most situations, the best option is to start talking with your neighbor as soon as you notice the encroachment. In many situations, the neighbor will have made a simple mistake in his construction and will probably rectify the error. However, if your neighbor does not want to cooperate, your best option is to point out the deed showing the property boundaries, or even hire a surveyor to come out and place new property line markers. If the neighbor does not stop building on your land, hire a lawyer immediately and get a judge to issue an order that will force your neighbor to stop building on your land until you can bring a trespass lawsuit.

- See more at: http://realestate.findlaw.com/neigh...s-and-neighbors-faq.html#sthash.PxVxvP96.dpuf

 

[BaileyKin]

Alright so here's the update. The second I pulled into my driveway the builder came out and followed me up to my door. He asked me when we were going to get the money for him to build a retaining wall. I told him we were absolutely not giving him one dime, and I would like for him to repair the damage done already. He got red in the face and told me he was knocking the fence down this week and digging 5 feet into our backyard to install this retaining wall. He also said that if the fence fell onto his property, he would sue us for damages. I told him this was illegal and that I already spoke to the town and quickly ran inside the house because he looked like he was about to lose it. I called the local police station and was told that they can't do anything and that I would have to take this to civil court. I'm trying to get the zoning paperwork as soon as possible from the town, but they said it could take a couple of days. What now? I'm so scared that I'm going to come home and my property will be damaged.

 

[smitch425]

Alright so here's the update. The second I pulled into my driveway the builder came out and followed me up to my door. He asked me when we were going to get the money for him to build a retaining wall. I told him we were absolutely not giving him one dime, and I would like for him to repair the damage done already. He got red in the face and told me he was knocking the fence down this week and digging 5 feet into our backyard to install this retaining wall. He also said that if the fence fell onto his property, he would sue us for damages. I told him this was illegal and that I already spoke to the town and quickly ran inside the house because he looked like he was about to lose it. I called the local police station and was told that they can't do anything and that I would have to take this to civil court. I'm trying to get the zoning paperwork as soon as possible from the town, but they said it could take a couple of days. What now? I'm so scared that I'm going to come home and my property will be damaged.

What exactly did you say to the police? If this man is harassing you, can't you file charges? Trespassing? Something? This builder sounds like a crazy person!

 

[sam_gordon]

Alright so here's the update. The second I pulled into my driveway the builder came out and followed me up to my door. He asked me when we were going to get the money for him to build a retaining wall. I told him we were absolutely not giving him one dime, and I would like for him to repair the damage done already. He got red in the face and told me he was knocking the fence down this week and digging 5 feet into our backyard to install this retaining wall. He also said that if the fence fell onto his property, he would sue us for damages. I told him this was illegal and that I already spoke to the town and quickly ran inside the house because he looked like he was about to lose it. I called the local police station and was told that they can't do anything and that I would have to take this to civil court. I'm trying to get the zoning paperwork as soon as possible from the town, but they said it could take a couple of days. What now? I'm so scared that I'm going to come home and my property will be damaged.

Pictures, pictures, pictures. Especially pictures that show the relative positions between the fence and other structures (maybe even have a tape measure out). Or do video (preferably with time/date stamp).

Or, call a surveying company on your own and get them out to verify your property line. Yes, it will cost money, but if you wait on the city, it might cause more hassle.

 

[ctinct]

Oh my. I hope this guy is just the builder, and not the builder/owner. Would stink to have him as a neighbor.

 

[momof1princess]

Pictures, pictures, pictures. Especially pictures that show the relative positions between the fence and other structures (maybe even have a tape measure out). Or do video (preferably with time/date stamp).

Or, call a surveying company on your own and get them out to verify your property line. Yes, it will cost money, but if you wait on the city, it might cause more hassle.

I agree. I definitely wouldn't wait on the city to come out-that guy sounds like a lunatic! If he's in your yard, harassing and menacing you, and making you fear for your safety, and the safety of your property, absolutely, call the police, and tell them you're being stalked and harassed on your own property! If they won't come make a report, go to them!

 

[deedeetoo]

I would call a lawyer now. Like right now. Not tomorrow.

Tell him that the builder next door is damaging your property now and has stated he will be digging up your property. Tell him he followed you onto your property and threatened you. You should be able to get a quick court order getting him to stop doing anything before the land is surveyed and the boundaries are marked. If you feel that he physically threatened you, you might also want to get a restraining order.

 

[Praying Colonel]

Alright so here's the update. The second I pulled into my driveway the builder came out and followed me up to my door. He asked me when we were going to get the money for him to build a retaining wall. I told him we were absolutely not giving him one dime, and I would like for him to repair the damage done already. He got red in the face and told me he was knocking the fence down this week and digging 5 feet into our backyard to install this retaining wall. He also said that if the fence fell onto his property, he would sue us for damages. I told him this was illegal and that I already spoke to the town and quickly ran inside the house because he looked like he was about to lose it. I called the local police station and was told that they can't do anything and that I would have to take this to civil court. I'm trying to get the zoning paperwork as soon as possible from the town, but they said it could take a couple of days. What now? I'm so scared that I'm going to come home and my property will be damaged.

This is not legal advice, and I know you don't want to, but you need to lawyer up. Immediately. An attorney can file a motion for a temporary restraining order, followed by a hearing requesting injunctive relief. That will stop this guy in his tracks. Then your attorney can negotiate a settlement and if that doesn't happen, sue for damages.

 

[robinb]

I would also get some "no trespassing" signs up ASAP. Make it clear to him that he is not welcome on your property.
Here is a blog with laws in all 50 states.
http://www.signs.com/blog/state-by-state-guide-to-no-trespassing-laws-signage/

 

[sam_gordon]

I agree. I definitely wouldn't wait on the city to come out-that guy sounds like a lunatic! If he's in your yard, harassing and menacing you, and making you fear for your safety, and the safety of your property, absolutely, call the police, and tell them you're being stalked and harassed on your own property! If they won't come make a report, go to them!

I would call a lawyer now. Like right now. Not tomorrow.

Tell him that the builder next door is damaging your property now and has stated he will be digging up your property. Tell him he followed you onto your property and threatened you. You should be able to get a quick court order getting him to stop doing anything before the land is surveyed and the boundaries are marked. If you feel that he physically threatened you, you might also want to get a restraining order.

Am I missing it? I don't see any threat other than a lawsuit if the fence fell.