Legal Question in Civil Litigation in New Jersey

Hi, I have been sued by a neighbor in civil division of superior court of new jersey. I have attempted to mediate and to settle but all attempts have failed. The dispute is over a property line. When the neighbor moved in six years ago, they claimed there was a new property line wherein I lost about two-feet of width on the property line. I asked to check the line before they put down their fence. They refused and never provided me or my attorney with the new survey informed them that they would be putting their fence down at their own risk and that I would have the property surveyed after fence installment. The matter, I thought, settled. I paid $1,500 for a survey study, the properties are historic, and had the entire block surveyed; I also had the firm measure the neighbor's fence in relation to the property line, so as to avoid putting anything on their property. More than a year ago, I had a corral fence installed for my small dog and two cats. I applied for and received permits. The fence installers put one 14-panel near the neighbor's picket fence. They now claim that that panel and a post are on their property. We went to mediation. I offered to move the fencing back three inches from the property line and also to re-measure in the area. They claimed the panel is six inches on their property; their survey is not computerized, hand-drawn lines; I told them that my firm would measure again and wherever the line was that it would be placed three inches outside of the line; there is no required setback in my township. So I told them that if it is in fact six inches on their property, it's going to be moved back either way. These people demanded I move the fence another six inches; I declined, telling them that I am not required by law and that further, when you sue someone in the superior court of new jersey, (they accused me of criminally trespass, and that the fence placement was intentional, wrongful and malicious. After mediation, we were asked by the mediator to offer some ideas for resolution. Their only offer was for me to now move the fencing 12 inches from line; I responded with a four-page proposal from my firm wherein both surveyors would work together and establish this line - they are only a couple inches off in the back and that monuments would be installed in the front and in the back for about $350 each. That way there would be a mutually-agreed upon line, which they could not sue me again for, only if there was something on their property. We went to court once, they had a conflict with the judge. This whole mess has caused me much grief, stress and money. I have a permanent disability. They know this. I feel they are doing this intentionally. They have done other things to me and my property, including trespass, that I turned them in to the township because they didn't have a permit for a new shed, which I did not do. The bottom line is: they started this whole thing in an expensive and unnecessary legal venue in an attempt I believe to gain punitive damages from me and to strong-arm me into moving the fence where they wanted it. I am very angry and frustrated because of the cost of this litigation. What do you do when someone suing you is refusing every practical, sensible method of settlement? By the way, the new line from six years ago? There was never a new line. There is no new survey on their part. They ran away from the problem then, because they threw the line into dispute; and that is what they are trying to do now; one of their more memorable proposals was for us to just drop this matter, walk away, but leave the door open for them to re-sue me at a later date. What do I do? Thanks.


Asked on 7/16/10, 2:38 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

You need to respond strongly in order to take the wind out of their sails.

Call me if you like.

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Answered on 7/17/10, 7:33 am
John Corbett Corbett Law Firm LLC

You are making a big mistake by not tendering the claim to you title insurance company. At lease some of these issues are covered by your insurance. You will be giving up the possibility of getting and damages if you don't report the claim to the insurer. � See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 7/18/10, 7:21 am


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