HELP Neighbor tore down my fence

[pyrnad]

If you have been reading along I have been having some neighbor problems.
I sent them a certified letter on June 5,2006(they did sign for it) Stating I woult be putting up a temporary fence along the mutual property line. I would leave the fence up for 90 days in case their was a dispute. They could get a survey,and I offered to pay for half. Then I would put up a permanent fence at MY expense.
I started the fence 12 days ago. Fiberglass rods and orange twine.
DH had some day surgery yesterday(he is fine). I had a friend here watching my daughter. After I got DH settled I went to check on the animals in the barn and the fence was gone. I called the police,and they admitted to doing it. They threw it in the bushes.
I am so upset. They told the cop they could not afford 1/2 the survey, and a lawyer told them to take down the fence (they would not give the lawyers name). What would you do if you were me

[Cheryl in SD]

Are there survey markers already there? If so, you could both go look and agree to the line. Otherwise I would put it back up and be ready to call your own lawyer.

[fordson major]

check with your municiple office, we have a fence veiwer thats will hand them an order saying that the fence will be built by such a date.then get them (the fence veiwers)too set the line. depending on your local laws they may end up with half the fencing costs too! they want too play stupid ball their problem! you tried too be nice, they are obviously twits!

[scott]

What state are you in ? the fence laws vary a bit ... In ohio your next step would be to contact the township trustee and the neighbor would be responsible for half the fencing cost. survey included. If the neighbor refuses to pay ..the trustee can attach a lein on thier property. I can go into greater detail ... so far you seem to be on the right track. Just do every thing according to state law and keep your emotions out of it. It's business and always do the action that will make it easy for the judge to decide in your favor if it comes to that point.

[Boleyz]

If I was determined to have a fence on the property line, and the property line was in dispute, I would pay the FULL PRICE for a survey, have the certified markers put in, and draw a tight string from marker to marker. Then, I would drive in 10-12 "T" posts which touched the string on my side of the string. Then, I would stretch a strand or 2 of barbed wire and leave it until I got ready to finish my fence.

The main problem I see is that your neighbors don't need a fence there and they think it's rude of you to ask them to pay half on a survey that they don't need. Forget what the law says about halfing survey costs.

If you ever plan to have any good neighbors over there, stop calling the law down on them and take care of your own survey and fence.

We had a similar situation, but in our case a neighbor was gradually edging his corn and soybean crops into our hay field. He was also using our field to turn his trucks and equipment at planting and harvest.

We never even mentioned it to him. We simply paid a surveyor to come out, do his survey and drive in the markers. Then, we put up 15 t-posts and one strand of wire. He got the message, and the problem was solved without any ill words or hard feelings....

Bottom line...spend the coin and get a survey. Pay for it yourself...

[pyrnad]

Originally Posted by Cheryl in SD

Are there survey markers already there? If so, you could both go look and agree to the line. Otherwise I would put it back up and be ready to call your own lawyer.

Markers and pins are there.Walked it with them when they bought the property(previous owner had it as a rental, and had no idea where the survey markers were.

[pyrnad]

Originally Posted by scott

What state are you in ? the fence laws vary a bit ... In ohio your next step would be to contact the township trustee and the neighbor would be responsible for half the fencing cost. survey included. If the neighbor refuses to pay ..the trustee can attach a lein on thier property. I can go into greater detail ... so far you seem to be on the right track. Just do every thing according to state law and keep your emotions out of it. It's business and always do the action that will make it easy for the judge to decide in your favor if it comes to that point.

Maine

[pyrnad]

Originally Posted by Boleyz

If I was determined to have a fence on the property line, and the property line was in dispute, I would pay the FULL PRICE for a survey, have the certified markers put in, and draw a tight string from marker to marker. Then, I would drive in 10-12 "T" posts which touched the string on my side of the string. Then, I would stretch a strand or 2 of barbed wire and leave it until I got ready to finish my fence.

The main problem I see is that your neighbors don't need a fence there and they think it's rude of you to ask them to pay half on a survey that they don't need. Forget what the law says about halfing survey costs.

If you ever plan to have any good neighbors over there, stop calling the law down on them and take care of your own survey and fence.

We had a similar situation, but in our case a neighbor was gradually edging his corn and soybean crops into our hay field. He was also using our field to turn his trucks and equipment at planting and harvest.

We never even mentioned it to him. We simply paid a surveyor to come out, do his survey and drive in the markers. Then, we put up 15 t-posts and one strand of wire. He got the message, and the problem was solved without any ill words or hard feelings....

Bottom line...spend the coin and get a survey. Pay for it yourself...

I did pay for a survey 10 years ago when I bought this place
Markers and pins are there. They do not agree with where the pins are. They only have one acre,and feel one acre is bigger than what is marked.

[pcdreams]

get you some 4x4 or 6x6 if you can find them. Put the edge of them against the markers on your side and set in concrete. do this down the line at about 10-15 foot intervals and see how they like that. If nothing else it will make them think about how hard they're having to work to destroy YOUR property.

come to think of it if you can just find good fence post material you could apply the same.

[mpillow]

You need to gather all your evidence....police reports, dog catcher, cert. letter copy of your deed and photos(tree incident) and take those ignoramouses to court.....this is turning into the Hatfields and McCoys....

Subpeona all officials involved as needed.....

The problem is its like getting blood from a turnip

Check with your title search lawyer when you closed on the place and when you added the barn section....

[insanity]

Why didn't the cop charge them with destruction of property?
Seems to me your only course of action is call an attorney and take them to court.So the judge can tell them your right.

[cowgirlracer]

They can't pay for 1/2 of a survey, but they can afford a lawyer!!!! These are your make noise in the middle of the night, aggravating your dogs, the same ones that the cops "spoke" to then they we gone for weeks neighbors? The good for nothing egg & bread free loaders. Ohhhh! These people aren't my neighbors and I'm peeved. Just do your thing and to heck with them. Since it would be your fence it can be any color you want it to be . . . hot pink or tie dyed come to mind, maybe electric - maybe kind of fun to watch them get zapped . . . OK I'm starting over the edge. Good luck no matter what you decide, and I really do feel for you.

Anne
Cowgirlracer

[Cheryl in SD]

If you had it surveyed, call the survey company. They will usually give you a statement from the first time. They may not agree, but if the survey company will stand by their work, they won't be able to argue. If they want it re-surveyed THEY have to pay for it. You have already had it done! Just because they FEEL like 1 acre is bigger, doesn't make it SO.

Hope it all turns out ok.

[PineRidge]

I agree with Cheryl, you already had the survey done, so call the same company. They will stand behind their work. And if it makes you feel better, go ahead and have the same company come out and verifly the one boundary against your neighbors property, pay for it yourself. Then put your fence up, with no trespassing signs. Photograph it when the fence is done. If any damage happens, file a police report. If you are told "it's a civil matter", take them to court. You are being responsible by talking to them first, and following your survey markers. Good luck to you.

[pcdreams]

I don't understand some of you alls logic. He/she had a survey done.. Why the hell should they have to pay for it again? Makes no sense to me but whatever turns your crank..

I'd do the 4x4s myself and shoot at anyone I saw messing with it.. If you let these idiots run over you they always will. Make the stand now so you can enjoy YOUR property

[Qwispea]

Originally Posted by pyrnad

If you have been reading along I have been having some neighbor problems.
I sent them a certified letter on June 5,2006(they did sign for it) Stating I woult be putting up a temporary fence along the mutual property line. I would leave the fence up for 90 days in case their was a dispute. They could get a survey,and I offered to pay for half. Then I would put up a permanent fence at MY expense.
I started the fence 12 days ago. Fiberglass rods and orange twine.
DH had some day surgery yesterday(he is fine). I had a friend here watching my daughter. After I got DH settled I went to check on the animals in the barn and the fence was gone. I called the police,and they admitted to doing it. They threw it in the bushes.
I am so upset. They told the cop they could not afford 1/2 the survey, and a lawyer told them to take down the fence (they would not give the lawyers name). What would you do if you were me

Destruction of private property is a crime..isn't it? What did the police say???????? Did they take a report?




First..take pictures.

Next..Get a copy of the police report.

Next..as Cheryl in SD suggested..get a duplicate statement from the survey company you contracted 10 years ago.

Next..put your temporary fence up and attach several "NO TRESPASSING" signs.

Next..take more pictures.

Then..contact your own attorney..and have your attorney put your neighbors on notice that you will sue them if they continue to maliciously infringe upon your rights as a landowner. ..Also considering having your attorney notifiy all local law enforcement agencies that you expect your rights to be protected.

You are being harassed..and the authorities don't seem to be doing anything. Somebody needs to figure out your options..so that's why I suggested your own attorney.

[SteveD(TX)]

"I'd do the 4x4s myself and shoot at anyone I saw messing with it.. "

That'll work.

Oh, maybe you meant with a camera.

[Topaz Farm]

geeeezzzzzzz louise!!!!!

And I thought I had a wacko for a neighbor. Well, I do.

Heck, if you know where the markers are, I would concrete a post just a tad on your side. (hopefully without disturbing the marker) Go right ahead with your fence.

It might be a good idea for a 3rd non-interested (??? is that the right word?) person be there when you put the post in, just so that they can verify everything. Just in the off chance that your not so bright neighbors might move the corner markers.

[Cygnet]

You don't need to redo the survey. It's already done. If they want to redo the survey, they pay for it. Period. Paying for half the cost of a new survey when the land is already surveyed is more generous than I'd have been with these morons.

Set the fence 1' inside your boundary line. Now they're trespassing if they touch it, in addition to destroying your property. Run a single strand of cheap wire (like electric fence fencing) exactly on your property line to avoid adverse possession claims of that 1 foot if it worries you.

Borrow or buy a cheap camcorder, record a picture of where the survey markers are, and the fence -- it's impoirtant that you record the survey markers ARE there in case they disappear.

Additionally, every time the cops come out -- camcorder time, if the cops will agree to it. Sweet talk the cops, explain the whole story, say you want documentation because these people are really unreasonable. Record the discussion. Make sure your neighbors KNOW they're on tape to avoid being accused of taping them secretly. Ask if the cops will walk with you to see the survey markers. If not a camcorder, then have a tape recorder with you whenever you have any dealings with these people inc. when the cops are out. You want records. I have a suspicion this is going to get worse and you want firm records of everything.

Set up a surveillance camera on your fence line. They're a few bucks, not too spendy. When (not if) these @#%$ idiots take down your fence again, demand that they be arrested for trespassing. Make sure the police are aware of past offenses including cutting your trees. Show the cops the pictures of them cutting your trees and the court order that they pay for your trees. Point the survey markers out to the cops, if they haven't been removed by the @#%$ idiots next door in the interim. (That'll be their next stunt: removing or moving the markers. Which is why you want surveillance camera(s) on the fenceline. -- If it were me, I'd have a couple close to the markers so you can catch them on tape and identify them. Moving or removing survey markers is a crime. You could then take them to court for the whole cost of redoing the survey, as well, since it was already done!)

While you're at it, put surveillance cameras on the rest of your property. It sounds like these people don't understand "boundaries" and haven't they threatened your livestock? Surveillance cameras are fairly cheap; the wire will actually be more expensive to run.

Get a restraining order, if you haven't already. Violating a restraining order by damaging your property or setting 1 foot on your property is a bigger crime than just trespassing.

Make sure you keep your records of everything that's gone on (photographs, etc.) OFF YOUR PROPERTY to prevent damage by fire or theft. Get a gun, if you don't already. Treat this seriously; at this point, these sound like the nightmare neighbors from hell -- they're not in touch with reality if they won't accept survey markers that were there when they bought the property. ("The property is bigger because I think it is!" Is a toddler level style of reasoning. "Because, I want it, it's now mine!")

Make sure you keep your nose clean: don't do anything that could be considered harassing or illegal in response. Keep calling on the loose dog, though, and let animal control know you tried to put a fence up and they took your fence DOWN. Might inspire animal control to be a little more aggressive in how they deal with these people. I know the officer that serves my area would be extremely unamused by something like that. (Dunno about your area, but allowing a dog to run at large can be considered a felony here in AZ. It's enforced "As needed." Check your laws.)

[Boleyz]

Originally Posted by pyrnad

I did pay for a survey 10 years ago when I bought this place
Markers and pins are there. They do not agree with where the pins are. They only have one acre,and feel one acre is bigger than what is marked.

If official survey posts are in, then go ahead and erect a permanent fence. Jus be sure to use a string line and make sure the fence is all on your side of the string...As long as it is, they can't touch it without committing a crime.

Put up a fence that will be hard to destroy. Put up your permanent fence. your twine and fiberglass thing looked like it was just to taunt them, and they evidently rose to the bait.

Put up a fence that will take some physical labor to remove, and I'll bet they leave it alone.

Good Luck!