Neighbor trying to knock down our fence

[BaileyKin]

Someone bought the lot next door to us and is currently building a house on the property. While I was letting my dog outside, I noticed there was a piece of our land missing underneath my fence that was big enough for my dog to get out of. It's actually big enough where I could probably fit through it if I tried. Our house is built on top of a hill, and their house is at the bottom, so if I were to fall through this hole I would actually be sliding down the hill and into their house. I walked around to the other side of our fence only to notice that they're slowly knocking our whole fence down and taking chunks of our backyard with it! When I confronted the builder, he told me it was his property line and he is going to sue us. I confirmed with the town that our property line is correct, and was advised to "talk about it" with him because this counts as a neighborly dispute and the town can't help us. How can I get this guy to stop knocking down our fence? Do I call the police? And could I get him to replace the broken parts of our fence and the missing land? Any advice would be great. Thanks

 

[Gumbo4x4]

I'd show proof of the line and give him exactly one chance to make things right.

 

[kwelch10377]

I would call the non-emergency police and ask them what you should do since you were advised that the town would not get involved since it is a neighborly dispute. I think the police would tell you that you need to go to the town zoning board (which I assume that is who you talked to before). I would keep on calling whoever (police, zoning, etc) until one of them does something.

 

[undertheradar]

I would request that Zoning send someone out as soon as possible to evaluate the situation. How steep is the hill and how far below your property is this excavation taking place? See if you can find the property pins located to mark your property.

You may need to do a land survey to verify where your property line is.

 

[Hillbeans]

Where exactly is the property line? Is your fence on your side of that line or right on the actual property line?

 

[Oreo Cookie]

I'd show proof of the line and give him exactly one chance to make things right.

I agree. I would go to him with a copy of my property survey and explain to him that it is my property. I would also send a copy certified mail. If that doesn't stop him, I would contact the police and a lawyer. Have the lawyer write a letter and bill him for damages and replacement.

 

[CuteAndFluffy]

The building inspector might ba able to point you in the correct direction..

What an odd, awful, and awkward situation!

 

[BaileyKin]

Where exactly is the property line? Is your fence on your side of that line or right on the actual property line?

The property line is actually two feet after the fence ends. We left enough room on all sides because we do live on a hill and we kept in mind that erosion would happen over the years.

 

[BaileyKin]

I agree. I would go to him with a copy of my property survey and explain to him that it is my property. I would also send a copy certified mail. If that doesn't stop him, I would contact the police and a lawyer. Have the lawyer write a letter and bill him for damages and replacement.

I'm going to try to give him one more chance, but I didn't really have the money to hire a lawyer right now. The certified letter is good idea.

 

[diznygirl]

Someone bought the lot next door to us and is currently building a house on the property. While I was letting my dog outside, I noticed there was a piece of our land missing underneath my fence that was big enough for my dog to get out of. It's actually big enough where I could probably fit through it if I tried. Our house is built on top of a hill, and their house is at the bottom, so if I were to fall through this hole I would actually be sliding down the hill and into their house. I walked around to the other side of our fence only to notice that they're slowly knocking our whole fence down and taking chunks of our backyard with it! When I confronted the builder, he told me it was his property line and he is going to sue us. I confirmed with the town that our property line is correct, and was advised to "talk about it" with him because this counts as a neighborly dispute and the town can't help us. How can I get this guy to stop knocking down our fence? Do I call the police? And could I get him to replace the broken parts of our fence and the missing land? Any advice would be great. Thanks

Wouldn't his property line also be your property line? Around here, fences go on the property line so to me your fence is exactly where it should be.

 

[momof1princess]

The property line is actually two feet after the fence ends. We left enough room on all sides because we do live on a hill and we kept in mind that erosion would happen over the years.

I would have the property surveyed, so that the neighbor can see absolutely, once and for all, where the property line is. It will cost money, but there will be no doubt where the line is, and the builder will have to replace your fence or face legal action.

Oh, and it doesn't cost much to have a lawyer write a letter (I was a legal secretary for many years). Probably $20-$50. Just make sure you choose one who does free consultations, and take your paperwork with you.

 

[BaileyKin]

I would request that Zoning send someone out as soon as possible to evaluate the situation. How steep is the hill and how far below your property is this excavation taking place? See if you can find the property pins located to mark your property. You may need to do a land survey to verify where your property line is.

He actually removed the property pins and left them laying on the ground by the house. The house is pretty close to our house since it's a small piece of property. He actually wants to put up a retaining wall that costs 55K and he is expecting us to split it with him. Obviously we know better, but I'm more worried about the damage that's already been done

 

[The Mystery Machine]

Someone bought the lot next door to us and is currently building a house on the property. While I was letting my dog outside, I noticed there was a piece of our land missing underneath my fence that was big enough for my dog to get out of. It's actually big enough where I could probably fit through it if I tried. Our house is built on top of a hill, and their house is at the bottom, so if I were to fall through this hole I would actually be sliding down the hill and into their house. I walked around to the other side of our fence only to notice that they're slowly knocking our whole fence down and taking chunks of our backyard with it! When I confronted the builder, he told me it was his property line and he is going to sue us. I confirmed with the town that our property line is correct, and was advised to "talk about it" with him because this counts as a neighborly dispute and the town can't help us. How can I get this guy to stop knocking down our fence? Do I call the police? And could I get him to replace the broken parts of our fence and the missing land? Any advice would be great. Thanks

Yes, you call the police asap. You need to have the dispute documented on top of the property damage this person is doing.

Secondly, you have to call zoning or call in a survey person immediately.

Third, he says he is going to put up a retaining wall? That means that he is going to have drains coming out of it onto YOUR property more than likely. What are the building codes for your home?

Call your city/county and find out what your next steps are. I would not sit on this as time is of the essence.

 

[robinb]

He actually removed the property pins and left them laying on the ground by the house. The house is pretty close to our house since it's a small piece of property. He actually wants to put up a retaining wall that costs 55K and he is expecting us to split it with him. Obviously we know better, but I'm more worried about the damage that's already been done

Whoa. The builder removed the property line pins because he didn't like where they were and then he threatened to sue YOU? Good luck with him. He sounds like a real peach.

 

[Cannot_Wait_4Disney]

The only way to confirm where your fence is in relation to the property line is with a land survey. If the markers are still present, he will find them and confirm their position. If they are not present, he will put new markers in. If you have not done such a survey, you have confirmed nothing.

Edit. I see in a later post he removed the pins. Unfortunately, unless you have pictures with the pins in, you don't have what you need. In most jurisdictions it is a crime to deliberately move or remove a survey pin. That said, they get accidently moved and removed all the time and that's a hard charge to prove unless you have a picture or something of the guy removing the pins by hand. So most likely, this is a civil dispute that will ultimately have to be taken to court. So you're stuck getting another survey. Have the surveyor or you yourself take pictures that show the fence is on your side, and sue him in small claims. By the way, if he wants a retaining wall, you are not obligated to pay for any part of it.

By the way if he sues you so what. Sue him right back. And if he were really going to sue, he'd have done it rather than threatened you.

 

[BaileyKin]

Yes, you call the police asap. You need to have the dispute documented on top of the property damage this person is doing. Secondly, you have to call zoning or call in a survey person immediately. Third, he says he is going to put up a retaining wall? That means that he is going to have drains coming out of it onto YOUR property more than likely. What are the building codes for your home? Call your city/county and find out what your next steps are. I would not sit on this as time is of the essence.

I'm going to have to go down personally to talk to the zoning department today because I'm getting the run around when I call them. I'll also take a ride down to the police station and see how much I can document. I just didn't want to go overboard and start going to extreme measures right away

 

[leebee]

I'm going to have to go down personally to talk to the zoning department today because I'm getting the run around when I call them. I'll also take a ride down to the police station and see how much I can document. I just didn't want to go overboard and start going to extreme measures right away

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?

Once thought about your fence. In our town, there's an ordinance that states how far away from the property line a fence has to be, unless there is an agreement to a different placement that is signed by both parties. Also, make SURE the zoning office knows that the builder has pulled the surveying pins. I don't think they are going to like this, as now SOMEONE will have to pay for a re-survey to remove the pins that the town has already placed.

I'd also make 100% sure that Mr. Builder understands that you have absolutely no plans on paying him for any part of the retaining wall. His plan, his work, his property… his responsibility!

Good luck… he sounds like a piece of work.

 

[dakcp2001]

I'd start taking lots of pictures. I'd send a certified letter to him, and one to the zoning board or whomever handles this" I'd also start poking around to make sure he has proper permits for all his work. I'd also file a police report for vandalism or whatever they will call it for damaging your fence and your property. You'll need a paper trail when he buys you a new fence. I'd be more concerned about the holes in the ground. It needs to be repaired out the two feet properly sp your yard doesn't wash away with the rain.

 

[AnAmericanInDisney]

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.

 

[lovin'fl]

Depends on the state. When we lived in PA (Harrisburg) we had to put our fence up a couple feet inside our property lines. Looked really dumb and was hard to mow that 4 feet strip between fences, but that's how it was there. Here, in Maryland, our fences are shared ON the property lines (moved into a 1973 house that had an existing fenced backyard that is shared with neighbors on the 3 sides of our backyard).