Posted on 10/21/2004 9:19:28 PM PDT by TheMom
The neighbor adjacent to my (deceased) father’s property recently put up a utility fence that is approximately 6 feet over the property line. Labor day weekend I stopped the workmen from installing the fence, as it was then approximately 8 feet over the property line. At that time I show the neighbor the 2002 plat and gave her the surveyor’s name and phone number (whom she apparently did not call).
I have send her a letter, both certified and regular mail, requesting she remove the fence from my father’s property and fill in the holes within 30 days.
Can anyone tell me what my remedies are once the 30 days arrives and she has not removed the fence?
Feel free to answer and/or ping an expert.
Thanks!!
If it is on your property, should you not at least cut down the fence or break it in half? At least part of it.
Pound in some stakes on the property line and string some barbed wire on it.
Then tell the lady that you would be happy to pay for 1/2 of a new fence if she wished to errect it on the proper property line.
The sad but best advice is to get a lawyer - that said, I believe in this case, if the facts are as presented, you should receive a remedy (the removal of the pole, fence, etc.) as well as attorney's fees and court costs.
go to the justice of the peace in your area and get what is called a Forceable Entry and Detainer. It has to be served by the sheriff or constable. It gives them a certain amount of time to get out or it can be taken down.
this is a thumbnail, barebones method as it is in Texas. Find a lawyer where you are. It will be worth it in the end.
If you are SURE about the property line, you can remove the fence and bill them for the removal.
You can put up a fence, just on your side of the property line.
Call a local real estate attorney.
Don't get a lawyer unless she does.
http://www.capitol.state.tx.us/statutes/pptoc.html
Contact your local county or city offices, they should have an agency that deals with building and property lines. Its been over ten years since I was in surveying so I cant remember exactly what local agency you should contact, probably a land and title or zoning office.
In most places you need some kinda permit for a fence. Maybe, talk to your local building official.
You should call an attorney in your area. Property laws vary depending on the jurisdition that you're in. Some attorneys will give free initial consultations if you're worried about paying someone just for initial advice, so you can call around and ask to see how much different attorneys will charge.
Shouldnt need a lawyer in the beginning, all she has to do is get the city or county to come out and determine the true property line.
Consult a lawyer who knows the law in your state and municipality. If you allow her to build the fence and take over the property, after a certain amount of time in most jurisdictions, it becomes her property by "right of adverse possession". Your attempt to stop her by writing her a letter may or may not have legal merit depending upon the provisions of your father's Will -- or if he died intestate, the laws of your state. The only certain way to not screw up here is to hire an attorney who is well versed in property law in the given jurisdiction.
Try the local building (inspection) department. They probably will be telling you to call an attorney, but it is worth a try. The fence being on your side, you have a right to remove it. As I understand it. Check with local laws first.
Actually, she owes you rent for your property for the length of time the fence is in place, but if you don't want to get a lawyer, tear the sucker down (and don't be gentle!).
If you are certain of the property line, and if the fence is on your property you not only have a right, but you have an obligation to take it down. If you leave it up, then your neighbor can later make a claim of adverse posession and it and everything on the other side of it will actually become your neighbors property.
Sounds like you need a good fence...why not put up one on the REAL property line as you remove the old one.
Is the fence wood or chain link?
If it's wood, go out and just pound a bunch of nails on your side, maybe hang some planters, or just practice hitting nails. Screws too, they can only be removed from one side, lest your neighbor trespass into your lawn in order to remove them!
If it's chain link, get a couple spray paint cans of flourescent colors and be artistic - maybe paint "Bush-Cheney '04" on the fence!
Get the surveyor into the picture. It is money well spent.
I wonder if you can go to your registry of deeds and get that advice right from the office?
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