property line vs. fence line

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good_neighbor

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My jurisdiction is: Idaho

I recently asked a question regarding my neighbors horses wrecking my fence (see "neighbors horses are wrecking my fence...")* Anyway, we decided to go ahead and move the fence but now the crazy neighbor is saying that he actually owns the property!!!* Never before has he not been in agreement that we own the piece of property between the fence and the boundary* marker. There is a property marker there and it has been surveyed more than once.* I have notes from approx. 3 years ago where he had pointed out the boundary marker to us because he wanted to fill in an old irragation ditch that runs along the fence and he knew he had to ask us because it is our property.* We did not let him.* The realtor that sold their property to them is telling me that we own up to the property marker (that they only purchased to the property marker on their side) and that the fence is inside of our property line by approx. 5 feet.* Now, the neighbor is claiming that I will have to sue him to get rights to the property.* Again, I live in Idaho (Bonneville County).* My attorney is sending the neighbor a letter putting him on notice that he is trespassing by building a perpendicular fence up to the old fence that we want to move over the the actual property line.* He is actually now blocking us from getting to the back portion of our property, and that he will have 2 weeks to remove his fence so that we may build a newer, better fence on the line.* I guess my questions are: Do I actuall have to sue him for the piece of property or is it the other way around? We feel the neighbor is bluffing us and/or is getting bad advice.* What if we are putting up our new fence and they decide to call the cops - can the police actually put a stop to our building or is it a civil matter, which brings us back to the sueing issue?* I also have signed affidavits from previous owners of our same piece of property claiming that the fence line was never understood as the property boundary and that the line is at the boundary marker.* I have talked to the surveyer that surveyed the neighbors property and he claims that they only bought to the boundary marker.* I have always paid the property tax up to the boundary marker and the legal description of my property is taken from that boundary marker.* I have researched the matter and for the neighbor to claim it as his property it must meet one of two requirements: 1) Adverse Possession - meaning he has to have used it for a long period of time and pay the taxes on it. OR 2)Property By Agreement - meaning that both parties have to agree that the fence is and always has been the true boundary. Do I have that understood right? He meets neither of these requirements and I know that if it did go to court it is really up to what the judge thinks. How does it look for us with the information that I have given you? Thanks for any help/advice that you can give, it is greatly appreciated.
 
I am not a lawyer, so please note.

I was reading that you moved your fence because of his horses damageing the fence. First, do you have pictures of this? If you still have the fence, take pictures of it showing why you removed the fence in the first place. In otherwords, the damage.

2nd. If you have the survey, it shows where the property line is. Does your neighbor have a survey also? Maybe you can get this resolved if you take it and walk it off with your neighbor and a measuring tape.

If he is blocking you from building your fence, The lawyer that sent the letter may get it resolved and have him remove what he has done on your property.
I don't want to give bad advice, so I would ask the attoney since he is already involved with this, as to if you can start building your fence once the neighbor complies with what your attoney asked of him, if you can't seem to talk it over with your neighbor.
 
If the boundary marker was placed by a surveyor, that is the legal property line. It would be extremely unusual for the police to get involved. There is no requirement that you place a fence on the property line.

It is your property so put the fence where you want. What I would do is to notify him that you are removing the fence and that he needs to make arrangements to confine his horses.
 
more questions, yet again!

First of all, let me thank you again for all your great advice and my husband says he loves you!!!! :blush
So, now the psycho neighbor is admitting that it is our property, however, he isn't so happy about removing his perpendicular fencing that he just completed, which is on our property! He wants to wait until we put up our new fence but his fence is actually blocking us from doing so and he just wants to make it difficult for us. My new question is: If he does not remove his fence by the end of this week (I have him on tape agreeing to do so, but don't think he will) can we remove the fencing ourselves? Of course, I wouldn't do it without videotaping it all because I know he will accuse us of damaging his stuff. We were instructed to just put up some fence posts along the property boundary with some string and some "No Tresspassing" signs due to the fact that it is already winter here with a frost barrier that makes it difficult to work. The bad neighbor will have to build his own barrier to keep his horses enclosed. Would you agree with this? :D
 
not good

I am not a lawyer, but a land surveyor. The best advice I could give you is to sit down with a piece of pie and a cup of coffee and work it out. The last thing you want to do is get caught up in a legal battle over it. There are other options to exhaust first. By the time you are done fighting you will have paid much more than the land is worth, you will have the whole neighborhood taking sides, and it will have consumed your life. You would be better off just walking away.
There are too many specifics missing to give competent advice as whether he meets the test for adverse possession. He does however have the benefit of possession. And yes, you could have a problem by removing the fence, especially if there is livestock. The only time the police will get involved is when there is property damage and all he has to do is say it is his fence you are taking down. The police will not know whether it is or not.
I a guy go to jail for having a fence post in his hand when the police showed up. His neighbor was a 220 lb bull dog of a woman They both had a hold of the steel post and she was trying to wrench it out of his hands. Didn't look good when the cops showed up. Of course they hauled him off, but he was fighting for his life because if she could have gotten it from him she was going to kick his ass. My intrument man had met her one day when he was set up in the middle of the street. This gal walked right up to him squared off, and knocked his hat off. She wanted to fight. He picked it up, pulled it on real snug, and told her "are you going to call the sheriff or am I".

It is more for humour, and I do not recommend doing this. But you get a couple of friends who are willing to do some midnight fence building. I'm not talking about a mob, being malicious or causing any damage period. Not even stepping on a flower. Then you swoop in with commando stealth and throw up a simple wire fence that is adequate but not elaborate. Now you have stolen your property back fair and square. Get your video camera set up so you can document him doing the property damage. Like I said though, it is not going to help you get along with with your neighbor.
 
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