Property Line Dispute & Neighbor
I live in Highlands Ranch.
We built this house 23 years ago, have the original survey to the property. still have the rebar, point & chisled cross on three sides. No tags were on the corner of disbute.
A new person bought the house behind me adjoing my backyard, Otherwise her front yard, house and part backyard run down my entire backyard.
Everything was fine for 5 years, not a friendly person but neverless I said HI a few times and tried to talk. 2 years ago, we came home and went out back and our backyard was full of debris (we are not talking a few branches, but piles of them along the fence line. Long story short, she has butchered every tree I have, killed 3 Aspen Trees 4' inside the property line, (3) Purple Leaf Plums Dead, 50" Pines NO branched and dead braches 20" up the trees. If that was not enough we caught her going down the sidewalk adjacent to our side yard, butchering our pines and ash tree. We told her to stop immediately.We used a Split Rail fence on the front yard part of her property with edging at the property line and river rock for boundaries. The fencing is 6" inside the property line on our side. We own it do we not.
We had to take out the Split Rail and replace it with Privacy since the Living Privacy is gone. We are this year going to do the same half way down our side on the sidewalk cause that privacy is gone.
We pulled the river rock back (which she never left alone either) put the fence in 6" inside the property line, put new edging at the property line and filled with crushed rock so we don't have to access her property to maintain our line.
she came to the house within 2 hours, pointing her finger in my face, yelling to stay off her property and she was pulling out all the edging and rock, because the fence is the property line. I informed her it was not and not to remove it. She did anyway, I call the police and filed a report.
She kept the edging and pins which is theft I believe.
i provided her with a copy of the survey, re-measured the line 3 times from the chisled cross and marked the sidewalk 84.01' Property Line, right where I had replaced the detoriated metal edging which you could clearly see along the line..
We (do not) give up our property, however small the parcel because a fence was inset on our property, do we?
Every cut she has made is inside the property line and fence from 1' to 4' and killed trees, ruined the value and look of 50" Austrian Pines and 50" Ash Trees. I have photographed every thing for 2 years except the large debris field. Do I have a lawsuit case against this woman?
I provided her with a survey & a list of my issues with this situation and told her of a few laws (I am a Real Estate Broker for 40 yrs), but she threw them over the fence unopened. I am sending her a certified letter discussing everything along with another survey and list this week. I will also send it regular mail.
Waiting until she receives it before I replace yet again my edging.
I am preparing a small claims court case and intend to submit it next week.
Do I have a case? How can I stop her from ripping up the work I have done? I don't understaand a property line being clearly defined and the neighbor refusing to abide by the law and claiming that property as their own because of a fence.
She also threatened me at my door with the fact "My son is a State Trooper and" I stop her immediately and yelled I don't give a Rats Ass that your son is a State Trooper it has nothing to do with this situation.
Informed the police of that threat also.
Can you please answer some of my questions and tell me if I am on the right tract with this?
1 Answer from Attorneys
Dear Ms. Goodlin: I'm from the old shcool, I cannot address you ny your first name until we've been properly introduced and you permit me to do so. OK?
You must meet this neighbor's inexcusable conduct with equal force !
1. RETAIN AN EXPERIENCED LEGAL COUNSEL.
2. BRING SUIT IN YOUR COUNTY COURT SYSTEM, FOR several claims and actions, namely: Tortious interference with peaceful enjoyment or whatever your state law calls it. Next also seek a Restraining Order against this terrible neighbor, to restrain further unlawful activity, tortious conduct, invasion, unlawful takimg and possession, etc., etc., and in your suit, add claims for punitive damages.
Good luck, and don't be cowered by a mentally deranged neighbor. So sorry for you.
WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE
J. NORMAN STARK, ATTORNEY
ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.
1109 Carnegie Avenue Cleveland, Ohio 44115
(216) 531-5310 x7100 Email: [email protected]