I need some advice and was hoping someone would chime in.
The neighbor hired some guys to put up a fence while I was at work and the first day they had ¾ the post in, which was on my property by a few feet. I approached the owner and ask if they knew that the fence was over on my property some. They agreed to the observation and said it would be corrected the next day when the workers returned. The next day the workers returned to complete the fencing job while I was at work and continued their encroachment on my property. Upon returning home I once again explained the situation to the neighbor and was met with resistance and threats. Their workers were going to charge extra to remove and reinstall the fence. I gave them a cooling off period and once again approached the neighbor and ask for the fence to be removed but was met with an "OH! WELL" we don't care attitude.
While not wanting to put money into litigation I would like to force their hand into either moving the fence or secondly, suing me for removal of their fence. I am 100% sure by deed and survey that their fence is on my property as the original survey markers with the orange caps are still in place. This fence is hindering me from finishing some livestock fence that is desperately needed and making a portion of land I own unusable as I do not want to put up an additional fence further into my property.
Here is the letter I intend to send with signature confirmation. Please advise. THANK YOU!
RE: Encroachment/Improperly placed fence
DEAR XXX,
The fence you had erected was done so on our property and encroaches upon our land both by recorded deed and survey. This encroachment is a continuing nuisance and is interfering with our ability to appropriately use the property for livestock. Having previously discussed this encroachment prior to and during the construction process, this matter needs to be resolved swiftly. Please remove this fence from said property within 10 days from the above date. If the fence is not removed, it will be considered abandoned refuge and removed.
Thank you,
BLA BLA BLA
The neighbor hired some guys to put up a fence while I was at work and the first day they had ¾ the post in, which was on my property by a few feet. I approached the owner and ask if they knew that the fence was over on my property some. They agreed to the observation and said it would be corrected the next day when the workers returned. The next day the workers returned to complete the fencing job while I was at work and continued their encroachment on my property. Upon returning home I once again explained the situation to the neighbor and was met with resistance and threats. Their workers were going to charge extra to remove and reinstall the fence. I gave them a cooling off period and once again approached the neighbor and ask for the fence to be removed but was met with an "OH! WELL" we don't care attitude.
While not wanting to put money into litigation I would like to force their hand into either moving the fence or secondly, suing me for removal of their fence. I am 100% sure by deed and survey that their fence is on my property as the original survey markers with the orange caps are still in place. This fence is hindering me from finishing some livestock fence that is desperately needed and making a portion of land I own unusable as I do not want to put up an additional fence further into my property.
Here is the letter I intend to send with signature confirmation. Please advise. THANK YOU!
RE: Encroachment/Improperly placed fence
DEAR XXX,
The fence you had erected was done so on our property and encroaches upon our land both by recorded deed and survey. This encroachment is a continuing nuisance and is interfering with our ability to appropriately use the property for livestock. Having previously discussed this encroachment prior to and during the construction process, this matter needs to be resolved swiftly. Please remove this fence from said property within 10 days from the above date. If the fence is not removed, it will be considered abandoned refuge and removed.
Thank you,
BLA BLA BLA
