neighbor asked that we contribue half of the expense to replace the existing wooden fence and retaining wall between our properites. We bought our house 5 years ago, neighbors 30 years ago. We agreed with neighbors that the fence was deteriorated and needed to be replaced. In the process of deciding on the specifics of the fence neighbor showed us an estimate for the wooden retaining wall, current wall is just 1.5 feet, he wanted a reinforced 2 ft. high concrete wall, we asked why so drastic, he replied that water from our property (mind you natural flow water) had damaged the 30 year old retaining wall, he also added that we had used his post to atach a gate, we explained to our neighbor that when we purchased the house the fences and gates were instaled by prior owners and we had no knowledge of water damage or foreign posts but that we would gladly correct everything. Since he was all of a sudden acting so possesive of the fence we then asked him if the fence was on the property line, he replied that everything was on his property, we replied that we would gladly pay for half or more if the fence was placed on the property line, he appeared not to understand that a shared fence is one on the property line but nevertheless he finally undersood and agreed with placing the fence on the property line. Later, neighbor showed us a mark on the sidewalk and said that this was a property marker, upon inspection the mark showed that the fence in question was at least 7 inches within our property, neighbor explained that his property angles. We showed neighpor the parcel map which showed the dimensions of his and our lots, this map showed that he owns a flush square that did not curved or angled, neighbor suggested that the map was wrong. We suggested a survey, neighbor declined to contribute for survey, We hired a surveyor at our expense. survey revealed that the sidewalk marking was correct plus it also showed that our neighbor had encroached in our land as follos: along a 120 ft poperty line the encoachment starts at 7 inches, half way is already 3.75ft and at the bottom about 5.5 feet. In this area neighbor has a portion of his patio concrete slab, at the top he has 1 ft of his front retining wall in our property, there also is a complete set of wood and dirt stairs in the back hill side (deteriorated and not in active use), a deteriorated chain lik fence, wooden fence, and plant dirt boxes that have no plants. Upon discovery neighbor asked us that we give the land in question to them, at our sole expense, we enfatically answered no. We suggested to the neighbors that we would absorb the whole expense of removing everything and erecting a new fence on the property line and they would only contribute 15% of the expense. Neighbor came back and acknowledge that the survey was correct and that we could take our land and do as we plased but that they would contribute nothing and the fence would be place within our property line, we asked if our contractor could come in to the area for estimates and they agreed. Survey was recorded with the county and county explained to me that there was nothing wrong with the survey and that all the land in the lot is mine. While we were finalizing the details with our contractor, our neighbor's wife sent us a certified letter claiming that she had seen an atorney and was told that she owned her property fence to fence (she gave us no contact info. for her alleged attorney and the letter was signed by her only). We felt threatened and turned the letter over to an attorney. Our attoney has since sent her a letter advising her of our rights and that they need to ptomtly remove everything from our property. The letter also says that we have been the taxpayers of record of the land in question. Neighbors have not responded to our attorney. In the meantime at least half of the wooden fence was removed, prior to the survey by all parties, and is correnty stored on my driveway, I have no privacy. I am not inerested in suing since this is expensive and I have laready spent at least $3,000 and I still have no fence, there is no telling how much more this could still cost me plus the expense of the fence. Attorney already explained that the only taxpayers of record are us and all previous owners, title company explained that there is nothing showing in our record, this means that ther is very little they could claim. Purshasing this house was a major expense for us and we feel that if we have to sue to prove that we own this house free and clear is silly since the legal recods already say that we do, a lawsuit could really drain our budget. QUESTIONS:
Can I remove everything my self without suing?
Can they accuse me of traspassing on my land?
Can they sue me for removing their stuff from my property?
Is there anything I can sue them for in samll claims court?
Should I give them a deadline and assume that if they do not respond I am free and clear to do as I please in my property?
Can I store items in the land in question?
I appreciate all co
mments and sugestions, I can not spend any more money on attorney fees. Thank You!
Can I remove everything my self without suing?
Can they accuse me of traspassing on my land?
Can they sue me for removing their stuff from my property?
Is there anything I can sue them for in samll claims court?
Should I give them a deadline and assume that if they do not respond I am free and clear to do as I please in my property?
Can I store items in the land in question?
I appreciate all co
mments and sugestions, I can not spend any more money on attorney fees. Thank You!