What is the name of your state? california
next door neigbhbor asked for half of the expense to replace fence between our proerties, we agreed. During the details neighbor asked to replace the wooden retainig wall at the bottom of fence with a reinforced concrete wall, he explained that water (natural flow) from our property damaged the wood one; prior to agreeing, we asked him if the existing fence and wall were on the property line, he responded that everything was in his property. We explained that we would gladly contribute half or more if the fence was placed on property line, neighbor was perplexed but agreed. Neighbor showed us mark on sidewalk that marked property line. this mark showed that the fence was at least 7 inches within our property, neighbor explained that his line curved/angle and fence was in his property. We showed neighbor the parcel map wich showed his propert was 60 ft. at top and 60ft at the bottom, our lot did curved/angled. Neighbor said map was wrong. We suggested a survey, neighbor refused to contribute. We conducted survey at our expense. Survey showed that the fence was fully in our property and more. At the top of a 110 ft line neighbor has taken 7 inches as the line goes down half way it becomes 3.5 feet and by the way it gets to the bottom is about 6ft (kind of like a pizza slice), off all in our favor. Upon discovery neighbor asked us to give the land to him, we refused. Later he told us that he agreed with survey and to build the fence at our expense inside our property line. While we were getting estimates, we received a certified letter from neighbor's wife claiming sole ownwrship of the land in question and that she had seen an attorney (provided no attorney contact for us). Problem, in the land that neighbors took exists a portion of a concrete patio, deteriorated hill side wooden stairs, dirt boxes, portion of neighbor's front retaining wall (1 ft.), and a chain link frnce. Survey was submitted and signed by the couty surveyor, our records show that the lot is ours completelley. Hired attorney who suggested a lawsuit. Problem, I do not want to sue, I just want a fence, lawsuits can be very epensive. The old fence was 90% removed by all parties prior to survey so now I have no privacy and the old fence is stroed on my driveway. Questions:
Can I remove all structures on my own without suing?
If I remove everything can they sue me?
Can I walk and access that portion of my land?
Can I store on that portion of my land?
can they sue me for trespassing?
what can i do to scare them into compliance?
I have been dealing with this since April and just want a fence, between attorney and survey I have spent quite a bit of money and I still have no fence. Neighbor's have not responded to my attorney's letter. Please, suggestions and advice. thank you.
next door neigbhbor asked for half of the expense to replace fence between our proerties, we agreed. During the details neighbor asked to replace the wooden retainig wall at the bottom of fence with a reinforced concrete wall, he explained that water (natural flow) from our property damaged the wood one; prior to agreeing, we asked him if the existing fence and wall were on the property line, he responded that everything was in his property. We explained that we would gladly contribute half or more if the fence was placed on property line, neighbor was perplexed but agreed. Neighbor showed us mark on sidewalk that marked property line. this mark showed that the fence was at least 7 inches within our property, neighbor explained that his line curved/angle and fence was in his property. We showed neighbor the parcel map wich showed his propert was 60 ft. at top and 60ft at the bottom, our lot did curved/angled. Neighbor said map was wrong. We suggested a survey, neighbor refused to contribute. We conducted survey at our expense. Survey showed that the fence was fully in our property and more. At the top of a 110 ft line neighbor has taken 7 inches as the line goes down half way it becomes 3.5 feet and by the way it gets to the bottom is about 6ft (kind of like a pizza slice), off all in our favor. Upon discovery neighbor asked us to give the land to him, we refused. Later he told us that he agreed with survey and to build the fence at our expense inside our property line. While we were getting estimates, we received a certified letter from neighbor's wife claiming sole ownwrship of the land in question and that she had seen an attorney (provided no attorney contact for us). Problem, in the land that neighbors took exists a portion of a concrete patio, deteriorated hill side wooden stairs, dirt boxes, portion of neighbor's front retaining wall (1 ft.), and a chain link frnce. Survey was submitted and signed by the couty surveyor, our records show that the lot is ours completelley. Hired attorney who suggested a lawsuit. Problem, I do not want to sue, I just want a fence, lawsuits can be very epensive. The old fence was 90% removed by all parties prior to survey so now I have no privacy and the old fence is stroed on my driveway. Questions:
Can I remove all structures on my own without suing?
If I remove everything can they sue me?
Can I walk and access that portion of my land?
Can I store on that portion of my land?
can they sue me for trespassing?
what can i do to scare them into compliance?
I have been dealing with this since April and just want a fence, between attorney and survey I have spent quite a bit of money and I still have no fence. Neighbor's have not responded to my attorney's letter. Please, suggestions and advice. thank you.
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