old fence in place long before we bought our house

[brownlee]

my neighbor claims a old barb wire fence between our property lines is ours and after his recent survey, he wants it removed in 24 hours or he is taking legal action. We always assumed the fence was for property line purposes. It serves no other purpose. We each have our own fences further within the property line. He left an unaddressed threatening letter at our door. Nothing official.

The fence was there before we bought our house and our surveyor told us it was the property line. We'd be happy to see it removed as it just an eyesore but we'd really like to know our responsibility. The fence is about 150 - 200 yards and not an easy task this time of year. Our neighbor is nuts and scary. We are reluctant to do anything on his property for fear of a set up. We could get our own survey, but if there is a discrepancy then what? I'd rather avoid a legal battles as their property line disputes never end well and we are talking about inches here on large lots. What do you advise? He has no proof we even got the letter. We never even thought of the fence as ours.

 

[army judge]

You do NOT have to do anything.

He has no authority to order you to do anything.

Okay, he's asked you to remove the fence.

If I were you, I'd ignore the letter.

What could happen?

First of all, only a judge, after due process has occurred; can ORDER you to do anything.

Who knows, but legally all he can do, is take you to court.

So he sues you, so what?

He has to PROVE he's right, and then a judge must decide.

In the interim, I'd get a survey done, and wait.

If he sues, use the results of the survey to make your case.

The worst that could happen is that a judge MIGHT order you to remove the fence.

I don't see that happening, but I don't know everything.

Don't bother explaining further, my opinion doesn't matter.

If the judge ordered you to remove the fence, you'd be allowed so many days to have it removed.

So, you HIRE someone to remove it, and its gone.

Good luck and ignore this nutball.

 

[brownlee]

Thank you. I did have the opportunity to speak with a lawyer and she said if the fence wasn't put in by us, and it is on their property. It is their fence to remove. If we care about the 6 inches, we a can a survey. I don't want to pay for a survey - even if it disputes his, then what - more money. Not worth it. I just don't want to end up paying his legal fees, removing the fence, we can handle.

 

[mightymoose]

Its on his side it is his problem.
Either ignore him or politely explain why you won't be removing it.