Neighbor trying to knock down our fence

[betsywdw]

Happy to read your update!

 

[kimblebee]

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.

 

[sam_gordon]

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.

Out of curiosity, what state do you live in?

 

[disneydee6]

I have been watching this thread waiting for an update. So glad that things worked out in your favor (and sorry you have had to deal with such a nut!!) everyone on this thread has been so helpful to the op too! Love the disboards!!

 

[BigAlsGal]

Good job!!!

 

[MagicalMawMaw]

Thankful things are going better for you. We too have dealt with a nutcase of a neighbour & it is no fun!

 

[Iamthequeen]

Thanks for the update. I've been worried about you too. Glad to hear you were proactive in protecting your property. Keep us informed, please. I'd like to see the pictures too!

 

[Gumbo4x4]

Great update - hang in there!!

 

[crazee4mickey]

Awesome update.....sounds like you have your bases covered! I would send certified letter rather than speaking to him, that way there is actual paperwork.
Really impressed with all the excellent advice you got from fellow Dis'ers!

 

[jdb in AZ]

You go, girl!

 

[Disney Doll]

So what is the town and the other agencies going to do about all the stuff he's doing wrong over there? Seems to me that there should be a few visits to him in the next few days.

And OP, I'd have a police officer standing next to me as I verbally told him to stay away from and off your property. Tell them that the last encounter you had with him resulted in him following you up to your front door and you felt harassed and fearful based on his behavior.

 

[ceemys]

Thanks for the update! So glad things are going in your favor. I would also have a police escort as you tell him what you need to. Not just a video camera. Who knows what this nutcase would do.

 

[manning]

You don't need nor is not advisable to have a video confrontation.

The safest way is have an attorney send him a registered letter spelling out all the requirements.

The letter meets all the legal requirements needed to enforce your rights.

Confronting him in person will only lead to a peeing contest and possible physical actions.

In this situation you want a third party, your attorney.

 

[Tinkerdreams]

Hi OP, just thinking about you and hoping things are going better with your situation. No one should have to put up with this stuff.

 

[Mariep26]

Great news!! Keep us updated!

 

[MistressMerryweather]

 

[BaileyKin]

Updates since my last post:

So after my trip to the town and my visit from the engineer, I came home to find the entire job site taped up! The town completely shut his construction down and told us that he is not allowed back into his own property until he fixes our damage and makes the incline level safe. Yesterday I noticed the tape was down and he was back. I still haven't spoken to him. Now this
is where my next problem is.

He is in charge of building his own retaining wall without touching our property and asking us for money. Since he built his house too close to the property line, he doesn't have enough room to build the retaining wall that he wanted. The new retaining wall that will only be on his property (I think they said steel) will cost him $150,000 to build. If we decide to give him permission to knock down our fence, move our shed, and take 5 more feet into our property (in addition to the 2 feet he already knocked down on the other side of our fence) it will cost him $55,000. This was his original intended plan that he was trying to make us pay for. Now I don't know if it sounds rude of me, but I feel extremely uncomfortable giving away a good chunk of our property to a man who was trying to steal it from us and then sue us only a couple of weeks ago. The engineer is strongly suggesting that we do the "neighborly thing" and let him have it to avoid any further issues. The builder went to the town and told them that he simply didn't have the money to build the $150,000 wall on his own and that it could take years for him to come up with the money, leaving the house partially built and sitting there for another 2-3 years. He then proceeded to tell my other neighbors his sob story, and now they're getting angry with us because they don't want to look at "the eyesore of a house" in their neighborhood. I honestly do feel bad for causing such a problem, but at the same time I shouldn't have to give away a part of our property just because he did some poor planning on his end. As far as any legal issues, he has to fix our fence and fix the damage to the property, so I'm not worried about that anymore. I'll try to post the pictures today and if anyone knows how I can do it from a mobile device let me know.

 

[EMode]

Updates since my last post:

So after my trip to the town and my visit from the engineer, I came home to find the entire job site taped up! The town completely shut his construction down and told us that he is not allowed back into his own property until he fixes our damage and makes the incline level safe. Yesterday I noticed the tape was down and he was back. I still haven't spoken to him. Now this
is where my next problem is.

He is in charge of building his own retaining wall without touching our property and asking us for money. Since he built his house too close to the property line, he doesn't have enough room to build the retaining wall that he wanted. The new retaining wall that will only be on his property (I think they said steel) will cost him $150,000 to build. If we decide to give him permission to knock down our fence, move our shed, and take 5 more feet into our property (in addition to the 2 feet he already knocked down on the other side of our fence) it will cost him $55,000. This was his original intended plan that he was trying to make us pay for. Now I don't know if it sounds rude of me, but I feel extremely uncomfortable giving away a good chunk of our property to a man who was trying to steal it from us and then sue us only a couple of weeks ago. The engineer is strongly suggesting that we do the "neighborly thing" and let him have it to avoid any further issues. The builder went to the town and told them that he simply didn't have the money to build the $150,000 wall on his own and that it could take years for him to come up with the money, leaving the house partially built and sitting there for another 2-3 years. He then proceeded to tell my other neighbors his sob story, and now they're getting angry with us because they don't want to look at "the eyesore of a house" in their neighborhood. I honestly do feel bad for causing such a problem, but at the same time I shouldn't have to give away a part of our property just because he did some poor planning on his end. As far as any legal issues, he has to fix our fence and fix the damage to the property, so I'm not worried about that anymore. I'll try to post the pictures today and if anyone knows how I can do it from a mobile device let me know.

If your neighbors don't want to look at the eyesore they can pitch in help him pay for his retaining wall. NO WAY would I be giving him a good chunk of my property, NO WAY! He is the one in the wrong, not you and not you if you don't give him anything.

 

[phorsenuf]

Updates since my last post:

So after my trip to the town and my visit from the engineer, I came home to find the entire job site taped up! The town completely shut his construction down and told us that he is not allowed back into his own property until he fixes our damage and makes the incline level safe. Yesterday I noticed the tape was down and he was back. I still haven't spoken to him. Now this
is where my next problem is.

He is in charge of building his own retaining wall without touching our property and asking us for money. Since he built his house too close to the property line, he doesn't have enough room to build the retaining wall that he wanted. The new retaining wall that will only be on his property (I think they said steel) will cost him $150,000 to build. If we decide to give him permission to knock down our fence, move our shed, and take 5 more feet into our property (in addition to the 2 feet he already knocked down on the other side of our fence) it will cost him $55,000. This was his original intended plan that he was trying to make us pay for. Now I don't know if it sounds rude of me, but I feel extremely uncomfortable giving away a good chunk of our property to a man who was trying to steal it from us and then sue us only a couple of weeks ago. The engineer is strongly suggesting that we do the "neighborly thing" and let him have it to avoid any further issues. The builder went to the town and told them that he simply didn't have the money to build the $150,000 wall on his own and that it could take years for him to come up with the money, leaving the house partially built and sitting there for another 2-3 years. He then proceeded to tell my other neighbors his sob story, and now they're getting angry with us because they don't want to look at "the eyesore of a house" in their neighborhood. I honestly do feel bad for causing such a problem, but at the same time I shouldn't have to give away a part of our property just because he did some poor planning on his end. As far as any legal issues, he has to fix our fence and fix the damage to the property, so I'm not worried about that anymore. I'll try to post the pictures today and if anyone knows how I can do it from a mobile device let me know.

What about selling him the piece of property? I'm sure you'd have to get an exception from the town to (technically) sub divide the property, but under the circumstances they may grant it.
I also wouldn't let the neighbors pressure you into something you are not comfortable doing. And don't feel bad. It's not your problem, it is theirs for not doing their homework on how to proceed properly.

 

[Gumbo4x4]

Basically, taking your land would save him $95,000?

Sell the 5' to him for $47,500.