Property Invasion, Damages, Trespass I vandalized I my own fence?

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jnaylor

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Hi.

I am in the middle of a territorial war with my dear neighbor. In order to gain access to my land on the side of my house that abuts with the neighbor's land I partially dismantled a 2 foot stretch of fence thatI believe based on all available evidence (mortgage plot survey) is entirely on my side of the property line (or at least substantially so). I realize that a instrumental land survey is the only way to know for sure, but in the 3 years I have lived there the neighbor has not suggested that the property line is anywhere other than where I have claimed it to be. Thus I always thought we had an understanding of there the line was.

Anyway the neighbor is now claiming, and has actually reported to the local police, that I have committed an act of vandalism and/or destroyed her property. This seems like it is just an attempt on their part to bully me into submission so that they get their way on other matters, since they would like to continue to encroach and tresspass on my property since there is sadly no actual boundary fence between us to keep a clean separation. Even if the instrument survey shows that the a few inches (out of 24) is on her side of the property line it's still my fence right? Certainly it is my fence if it is entirely on my land and I can remove it if I want. Does their claim have any validity at all? How can I be vandalizing my own property?

Does anyone have any experience with similar situations?
 
If she placed a fence in your property, you have the right to remove it. In fact, if you did nothing, you could assist her attempt at adverse possession of your land. This is one of the few times I recommend the remedy of self help.


The problem here is, I would not have acted until I had proof. That means paying for a proper and complete survey. I encourage you to pursue that survey, ASAP.

I hope it supports your actions. If it doesn't, you'll be buying her a new fence.
 
Don't worry about the police report. This is not anything close to being vandalism. It is a civil dispute over the property line, and you already know how to resolve that.
 
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