good_neighbor
New Member
My jurisdiction is: Idaho
I recently asked a question regarding my neighbors horses wrecking my fence (see "neighbors horses are wrecking my fence...")* Anyway, we decided to go ahead and move the fence but now the crazy neighbor is saying that he actually owns the property!!!* Never before has he not been in agreement that we own the piece of property between the fence and the boundary* marker. There is a property marker there and it has been surveyed more than once.* I have notes from approx. 3 years ago where he had pointed out the boundary marker to us because he wanted to fill in an old irragation ditch that runs along the fence and he knew he had to ask us because it is our property.* We did not let him.* The realtor that sold their property to them is telling me that we own up to the property marker (that they only purchased to the property marker on their side) and that the fence is inside of our property line by approx. 5 feet.* Now, the neighbor is claiming that I will have to sue him to get rights to the property.* Again, I live in Idaho (Bonneville County).* My attorney is sending the neighbor a letter putting him on notice that he is trespassing by building a perpendicular fence up to the old fence that we want to move over the the actual property line.* He is actually now blocking us from getting to the back portion of our property, and that he will have 2 weeks to remove his fence so that we may build a newer, better fence on the line.* I guess my questions are: Do I actuall have to sue him for the piece of property or is it the other way around? We feel the neighbor is bluffing us and/or is getting bad advice.* What if we are putting up our new fence and they decide to call the cops - can the police actually put a stop to our building or is it a civil matter, which brings us back to the sueing issue?* I also have signed affidavits from previous owners of our same piece of property claiming that the fence line was never understood as the property boundary and that the line is at the boundary marker.* I have talked to the surveyer that surveyed the neighbors property and he claims that they only bought to the boundary marker.* I have always paid the property tax up to the boundary marker and the legal description of my property is taken from that boundary marker.* I have researched the matter and for the neighbor to claim it as his property it must meet one of two requirements: 1) Adverse Possession - meaning he has to have used it for a long period of time and pay the taxes on it. OR 2)Property By Agreement - meaning that both parties have to agree that the fence is and always has been the true boundary. Do I have that understood right? He meets neither of these requirements and I know that if it did go to court it is really up to what the judge thinks. How does it look for us with the information that I have given you? Thanks for any help/advice that you can give, it is greatly appreciated.
I recently asked a question regarding my neighbors horses wrecking my fence (see "neighbors horses are wrecking my fence...")* Anyway, we decided to go ahead and move the fence but now the crazy neighbor is saying that he actually owns the property!!!* Never before has he not been in agreement that we own the piece of property between the fence and the boundary* marker. There is a property marker there and it has been surveyed more than once.* I have notes from approx. 3 years ago where he had pointed out the boundary marker to us because he wanted to fill in an old irragation ditch that runs along the fence and he knew he had to ask us because it is our property.* We did not let him.* The realtor that sold their property to them is telling me that we own up to the property marker (that they only purchased to the property marker on their side) and that the fence is inside of our property line by approx. 5 feet.* Now, the neighbor is claiming that I will have to sue him to get rights to the property.* Again, I live in Idaho (Bonneville County).* My attorney is sending the neighbor a letter putting him on notice that he is trespassing by building a perpendicular fence up to the old fence that we want to move over the the actual property line.* He is actually now blocking us from getting to the back portion of our property, and that he will have 2 weeks to remove his fence so that we may build a newer, better fence on the line.* I guess my questions are: Do I actuall have to sue him for the piece of property or is it the other way around? We feel the neighbor is bluffing us and/or is getting bad advice.* What if we are putting up our new fence and they decide to call the cops - can the police actually put a stop to our building or is it a civil matter, which brings us back to the sueing issue?* I also have signed affidavits from previous owners of our same piece of property claiming that the fence line was never understood as the property boundary and that the line is at the boundary marker.* I have talked to the surveyer that surveyed the neighbors property and he claims that they only bought to the boundary marker.* I have always paid the property tax up to the boundary marker and the legal description of my property is taken from that boundary marker.* I have researched the matter and for the neighbor to claim it as his property it must meet one of two requirements: 1) Adverse Possession - meaning he has to have used it for a long period of time and pay the taxes on it. OR 2)Property By Agreement - meaning that both parties have to agree that the fence is and always has been the true boundary. Do I have that understood right? He meets neither of these requirements and I know that if it did go to court it is really up to what the judge thinks. How does it look for us with the information that I have given you? Thanks for any help/advice that you can give, it is greatly appreciated.