How to handle enroachment by neighbor. Saws or Suits?

[jnaylor]

I made the mistake of buying a property with two preexisting encroachments. I was optimistic that the neighbor would be reasonable and understanding and correct the problem when requested, but alas the neighbor is entirely unreasonable and very hostile. Now I have to somehow eject them against will. I have good reasons of course for doing so, but in their mind I am trying to take something away from them.

Once I get my instrument survey completed and have legal proof of their encroachment I am going to have them served with my notice that they must "get off" and "do not tresspass". I figure I have to give them a little bit of time, but at some point I will have to take "further action".

Going the law suit route will be costly and could take a while.

How risky is the alternative approach of simply removing the encroachments myself. I have plenty of saws available for the job. Yes I would certainly be damaging their property, but if I give them fair warning, and even offer to pay for the damages, how much trouble can I get into? Were they not taking some risk when they decided to build structures on the property of another? Why should I be penalized for their stupidity and disregard for the property line.

 

[fredrikklaw]

Move it or else!

You do not have to be penalized for this; it is your property; you will not have to pay for any damages; you do not have to be timid; you tell them to move it or lose it and pay for the pleasure of losing it as well.

First off, we are talking about an encroachment to your property line and the offending matter is neither an easement nor a Covenant Running with the land which would have prevented you from dismantling it. And time they (the neighbor) have had plenty of to ponder their selfish stance and you will risk exactly nothing by simply removing the encroachment yourself, because after all, it is YOUR property and YOUR property rights the neighbor is infringing on.

I have no time or energy for those in society who are rude, uncivil, and tin-pot bullies who insist on putting their hands in fire to believe that it really does burn. So don't waste any more time pussyfooting around with the so&sos hoping they will see the light because they will not and the only way to deal with jack-asses like that is to go on the offensive and giving them a very healthy dose of reality.

You do not have to get litigious at this point. Send them a last notice of the infringement and request for its removal and give them 30 days to comply with your wishes, after which the letter will have already informed them, you will bring down their monument and will sue them for cost for which you have every right and will certainly be awarded.

The cost of removing whatever it is may not be that much, but the mere thought and the prospect of becoming such buffoon neighbor's judgment creditor and holding them ever after by the short and curlys and watching them squirm when liens are placed against their property per the judgment is quite simply priceless.

The problem with some people is that they mistake civility for weakness and are also as dense as a chocolate frog and irritably arrogant to boot, forcing good folks like yourself to do what their parents should have done many years ago; teach them some manners.

fredrikklaw

 

[Disabled Vet]

I am going thru something like this right now. I must say.... in Indiana at least You better NOT touch their stuff. If you do in indiana you would be paying for damages. I know even on the survey (legal) its tells you if someone or something is on your property not to remove it or you will be or could be responable for damages.

fredrikklaw,
The problem with some people is that they mistake civility for weakness and are also as dense as a chocolate frog and irritably arrogant to boot, forcing good folks like yourself to do what their parents should have done many years ago; teach them some manners.

I couldn't agree more. We just moved in this home 3yrs ago. the German lady next door passed away. the new folks torn out all the landcaping she had in place and started to complaint about their water bill. I allowed them to hook up the the well I have for my sprinkler system. I snow plowed their drive away. I fixed their snow blower. I mowed their yard. Then i placed a new 10,000.00 ATV on a trailer in the back edge of my woods. I wasn't asked to remove it.... I was being called white trash, Kentucky trash man, etc...etc... anyway it's a mess.. Called the cops once as the officer was leaving he said to me "Is he always like that" I said Yep..

So we reached a settlement and soon a 6' privacy fence will go up.

The reason for this story is for folks to understand if you have a neighbor from hell... then don't just let it pass by. In the end you could lose part of your property if they hold it long enough. Don't fight with them, let the legal system work. it may be very slow process but it will work.

 

[jnaylor]

fredrikklaw,

I enjoyed your response, and I wish everyone gave me the same advice. It may matter what state your in, I've had some free legal advice not to take such aggressive action as it would demonstrate that "I have no respect for the law?"

So while I'm waiting for my survey to get done, so I can actually serve them with a 30 day notice to get off or else they are now digging in quite literally. To make things more difficult for me they are adding new encroachments just to piss me off. They seem very spiteful at this point. They are also trying to block off my access to the contested strip of land that runs along side my house, and filing police reports of property destruction against me whenever I try to stand my ground. I understand they have lived there a while, and that gives them a very false sense of entitlement. They think that because they mow the grass on my side of the property line that that makes it theirs. Their idiots, but even idiots can hire good lawyers, and make life miserable for the rest of us.

 

[mightymoose]

I side with freddricklaw on this one. first CONFIRM that you are correct about your property line by obtaining the survey, THEN give the offending neighbor written notice to correct the problem. Once given reasonable time to correct the problem assert your rights over your property and remove the encroachment yourself. If the expense of doing so is inconvenient to you then sue them for the costs, otherwise just absorb the cost because the lawsuit will be an unnecessary hassle.
If you conduct yourself properly your neighbor will not have a reasonable argument to make. What you do not want to do is remove the encroachment only to find out it was not your property- THEN you will have problems.