Neighbor trying to knock down our fence

[chloelovesdisney]

The builder sounds mentally unstable. Take pictures daily, more if he keeps damaging your property. Why did the police come out for his call but not your complaint?

 

[thebutlerdidit]

As others have said document everything. After he's left for the day I'd take a picture "pulled pins" that are supposed to be on the property line before they disappear. I'd take a picture everyday if he continues encroaching on your property. It sounds like when you put the fence up you had a plan with a purpose, leaving room for erosion. Do you still have any paperwork from the fence going up? Is the length of your fence 4 feet shorter than your property is supposed to be? You should be able to get a plot plan from your town hall or definitely the registry of deeds. There are permanent markers surveyors can go back to to survey the land. IMO this builder is a bully! Get the lawyer, no trespassing sign and cease and desist order, keep us updated, we are here to support you!

 

[chloelovesdisney]

As others have said document everything. After he's left for the day I'd take a picture "pulled pins" that are supposed to be on the property line before they disappear. I'd take a picture everyday if he continues encroaching on your property. It sounds like when you put the fence up you had a plan with a purpose, leaving room for erosion. Do you still have any paperwork from the fence going up? Is the length of your fence 4 feet shorter than your property is supposed to be? You should be able to get a plot plan from your town hall or definitely the registry of deeds. There are permanent markers surveyors can go back to to survey the land. IMO this builder is a bully! Get the lawyer, no trespassing sign and cease and desist order, keep us updated, we are here to support you!

He's a bully or just plain nuts.

OP - Get a video of him if you can, he'll do himself in coming after you like that.

Do you have a news station that does stories like this, I'd get 7 on my Side, lol.

 

[thebutlerdidit]

Document everything. Date you first noticed the hole, your first contact to now. I'd take daily pictures, pictures of the pulled pins. Look back and see what documentation you have from putting up the fence. Was your land surveyed then? If so have someone help you measure from another marker. Is there on on the other side of your property? IMO this man is a bully who probably knows there is not a male in your home. Let us know how this goes .

 

[thebutlerdidit]

Sorry for double post .

 

[Halloweenqueen]

Sorry, OP, this stinks!

Please put cameras out and take photos.

We had a crazy neighbor situation years ago. Neighbor was having bad run off on his property. (New construction). He didn't want the expense of building a retaining wall, so he asked if he could take down several old growth trees in the corner of our property so he could grade it. It also improved his view of the lake. He was willing to pay for it, but we said no. We had specifically picked the lot because of the privacy the trees provided.

He turned into a complete nut job. He would come over and urinate on the trees, etc. One day we returned from out of town and found that the trees had been cut down to waist level! He just laughed at the cops and told us to sue. We took him to court and won. Unfortunately the replacement trees were a tenth of the size of the old trees.

The harassment didn't stop. One day they were putting curbing and sidewalks in the front of our house. My husband was out of town, so I think he thought we were not home. He came with his large pick up and started to drive up and over the sidewalk cement. I grabbed my camcorder and recorded most of it. I was so scare that he would see me!

I called the cops and he was arrested. The builder came and repaired the damage, including some of our damaged landscaping. The builder sued him. We put our house up for sale and left.

 

[undertheradar]

Check and see is you have a legal aid society in your area or a lawyer referral service. You need to get on this right away, as this guy sounds strange.

 

[manning]

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.

Agree. This will be money well spent. You'll be surprised how fast that builder will back off.

 

[3boymthr]

For some reason I was just thinking about this and thought of something. In my town if you are going to do something that involves significant change to the lay of land, especially with the potential for extensive changes in erosion patterns and waterflow, it also has to go thru the Conservation Commission. The Conservation Commission has a TON of power especially because of the DEP and EPA and all that. If your town or county has a Conservation Commission call them as well ASAP. They wield a might pen with a lot of power behind it including the Environmental Police (different from regular police - this is a federal agency).

A retaining wall (especially one the size you are speaking of) may also fall under the purview of the town or county engineer and depending upon whether you fall into a watershed area may fall under the auspices of other county agencies.

 

[rigs32]

If you own your home, it's very unlikely you'll qualify for Legal Aid. It's expected that you can use the equity to pay for an attorney.

 

[Iamthequeen]

So here is my 2 cents. I am a professional land use planner and work for a county planning commission. My advise is also to contact an attorney ASAP. Explain what is going on and have them write a cease and desist order. If you had the fence installed, did you have to have a permit from your town's zoning office? If so, get a copy of the permit, since it should have a sketch of your property and the fence location.

Secondly, hire a surveyor to reinstall the property markers. It is illegal for anyone to remove these pins, however it does happen.

Thirdly, check on your neighbor's building permit. If they think your fence is on the property line, they may have built the house in the wrong location. Most municipalities have setback requirements - this is an area measured from the property line where buildings are not permitted. If he was using your fence as a property line, chances are good that his house is located in a setback, which is a big no-no.

I don't see how he can force you to pay for a retaining wall, since it will be built on his property. If you do not give permission for it to be built on your property and there is not an easement already in place, he cannot build anything on your property.

Next, document everything. Keep a written account of all conversations, meetings, etc. Take pictures of everything.

Also, most municipalities do not get involved in property line disputes since these are civil matters. It is your responsibility to hire a surveyor and/or an attorney to protect your property rights.

Good luck!

 

[BigAlsGal]

I'm so angry for you. . Keep us posted.

 

[ennazus]

If you have EAP Employee Assistance Programs through your work, they may even offer a free consult with a lawyer.

 

[cabanafrau]

Sorry, but GET A LAWYER....

Have a RESTRAINING ORDER, and a CEASE AND DESIST ORDER, issued, TODAY.

The police will be mandated to enforce these.

You can sue to recoup your legal costs....
This builder could lose his license over this kind of thing.
Find out what governing agencies license and approve builders, and building-projects.

I would not waste one more hour.

The odds of getting a restraining order and/or a cease and desist issued TODAY is not very likely. The wheels of justice tend to move slowly, particularly in civil matters. These types of cases commonly drag on for years & can get prohibitively expensive.

OP definitely needs a lawyer YESTERDAY. Contact your local bar association and get a referral for a good attorney who specializes in this type of law in your community, both are important points. This will be the best money you spend & will no doubt save you $$ in the long run.

Yes, take pictures & document everything you can. No, do not rely on the police or municipal officials to sort this out for you, it will not help & will cost you in the end. Now is the time to step up & defend your home and property rights. The way to do that is get a qualified attorney on this pronto.

 

[Praying Colonel]

^Depending on the state, she may be able to get a temporary restraining order ex parte (without a hearing) stopping work if she can show irreparable harm. Then the court can hold a hearing in a few weeks to decide if a longer injunction will be issued. But again, all this requires lawyering.

 

[cabanafrau]

^Depending on the state, she may be able to get a temporary restraining order ex parte (without a hearing) stopping work if she can show irreparable harm. Then the court can hold a hearing in a few weeks to decide if a longer injunction will be issued. But again, all this requires lawyering.

Absolutely. However in my experience ex parte orders are very difficult to get and are frequently watered down when challenged so as to be effectively meaningless. If the OP retains representation immediately & gets some immediate relief from the Court I suspect that the effects of the excavation work already done is effectively a permanent change, no matter the remediation efforts that may ultimately be ordered. I have known this type of thing to result in a determination that would allow the builder to basically go forward with his plans at this point as the effects cannot be undone so it logically makes more sense to go forward. He may have to ultimately compensate OP, but I suspect it will involve many years battling, lots of legal bills and at the end of the day what prevents him from closing up shop to evade a judgment not in his favor? Nothing. Happens every day.

 

[Wishing on a star]

But again, all this requires lawyering.

Exactly.... The very reason that we are telling her to get a lawyer, TODAY, and do not waste one more hour.

I suspect that it depends on the lawyers and judges in her particular area as to how fast this could happen. Should be able to be done quickly, with adequate documentation, when one is in the act of deliberately trespassing and destroying someone else's property.

 

[Wishing on a star]

Guy is clearly destroying her property.
He followed her onto her property... stalked, harassed, and is attempting to extort money from her.

She calls.... NOTHING happens... the authorities won't even talk to her...

HE calls with some bogus complaint against her... They are there, IMMEDIATELY....

It's a MAN'S world, people.

 

[rodeo65]

It's a MAN'S world, people.

Mmmm...or not his first time at this particular rodeo and he knows what card to play. Harassment / threatening vs property complaint.

I'm also appalled for the OP and feel so badly at what she is having to deal with. We have some neighbour issue too although NOTHING in the ballpark and I know even with our stuff its beyond annoying!

 

[Patch'sD]

I bought my house 30 years ago. my survey says that my property is 60x145 as do all of my neighbors on my side of the street. The neighbors behind me also say there property is 60x145. When you measure from my curb to the neighbors behind me curb you get 280 feet. Yes, there is 10 foot descrepency on everyone's survey. I had my house resurveyd probally 20 years ago, which verified my property is correct. The neighbor behind me has been there longer than me and may never had a survey perforemed. Once she sells, I expect fireworks. My next door neighbor sold his house and had to move his fence 10 feet to sell as the people behind him refused to give up rights to 10 feet of property.

Long Story short. Both property owners may be correct and the only one's who win is the lawyers.