How do we put an end to a property boundary line dispute that has now
been turned over to Home Owner's insurance by the trespassing party?
We do not want to lose the property but at 6 feet, this property is
getting expensive and they will not settle unless they get it all,
even though they put up a new fence (2001) and tore down the old
boundary fence up since the 60's. We started because we knew the
neighbors had put up a new fence and their neighbor had put in new
posts and our old field fence was in their yard. They did not ask
permission to take down our field fence (altho old) nor did they do a
survey. We obtained a survey and it shows encroachment. They were
asked to cease and deceist which they never did. they continued to
remove posts, take down tresspassing signs etc and for about 2 years
now we have been fighting them. Now, their State Farm has come in and
taken over and they do not have to pay an attorney anymore, but we do.
They recently took us to summary judgement court (2nd time) and the
one person obtained 4 inches order of the court. We were not
there.(attorney handled) We tried settling this by offering to split
it THey will not. Our property is 6 acres, private setting. These
2 homes have backards which backup to our property. Our property was
previously owned by relatives since 1962. These particular people in
the corner, Removed a corner post, then they took down the old field
fence and placed their new white vinyl fence in front of our railroad
tie and claimed they have done nothing wrong, that all they did was
take down the old fence and put up a new one in it's place contending
they were tired of looking at it and that they have always maintained
a garden in that corner. They do have a garden, but they also tried
to purchase extra propery (nothing in writing) but other people in the
neighbor know since they also tried to purchase property and they were
told no. THey have new plants all along their new fence, including
new small trees etc. We want them to move their fence over since we
plan on raising Alpaca's to help reduce taxes and to have an income.
Their vinyl fence is not condusive to our business. They put up the
fence because they thought developers were coming in (so we are told
by their friends) and basically took it upon themselves to stake their
claim. So did the people next to them, However, the people next to
them went out and took down their posts claiming they did put them in
the wrong place. We did an aerial and their new fence is definitely
not straight and vears out into out into our property. Our mistake
was obtaining a lawyer rather than just taking down their new fence
after we obtained a survey. Now their home owners insurance
(tresspass) tells us they have "Deep pockets" and will not settle with
us for half, they want all. They do not show or seem to have any
pictures of the old fence line that shows the old corner post or
railroad tie, and neither do we. No one has been in that particular
corner where the railroad tie is except our family, because we used it
as an access to get down to a local river/creek. Our trail is now in
their yard and the surveyors told us that that particular corner had
been "heavily manipulated" They also have removed all of our survey
posts even though we did not see them do it, we have pictures of where
our survey posts were. Our attorney seems to have his hands tied
since they are so hostile and he really doesn't want us to spend a lot
of money on this. What can we do without just giving up? If we cannot
settle, and we have made 3 offers, all refused by them and they want
to take us to court. The vinyl fence cost them $500.00. It seems
this has been all turned around and now we are the bad people. Since this is
a civil issue, and we obtained a survey and it matches our deed, and
the new fence has been there only since the fall of 2001, (our
relative died 2002, she was almost blind and in her 80's, he died in
1999.) Can we take down that fence so we are on an even ground? |
