What is the name of your state (only U.S. law)? Washington State
We live in a tract development with lots that are 75' wide & 150' long. It was surveyed and established in 1967. A few months ago we needed to remove a portion of a fence that runs between our neighbor and our property, to fell a damaged tree. When we did so we found several old cedar posts were too rotten to reuse. We replaced these with oak railroad ties. Our neighbor insisted that we were encroaching on his property even though we were able to show him the original hubs from the original survey still in place. He argued that since they had no cap with survey numbers on them they were not legal. He ordered us to remove our posts and we suggested we all go in together to get a survey to resolve the dispute. He agreed and said he would find a surveyor. Two weeks passed in which we delayed working on the fence and he did not produce anyone for a survey, however he did remove our new posts and piled them on our side of the property line. We could wait no longer as tensions grew so we hired a surveyor. He said the original stakes were within 1/100th of a foot and our fence line is in fact on our side of where these markers are. We have asked the neighbor to reimburse us for half of the cost as it was his actions that forced us to provide the survey. He has not responded to this request.
Since then he has been hanging things like an old logging cable and trash on our new (barb wire & posts) fence. I repeat, if one looks closely it is on our side of the survey markers. When my husband asked him to desist he said that it is a "common fence" and that he could do what he wishes with it. We do not wish to call in the police since this seems minor, but annoying. Now to the real question: Does he have any leg to stand on saying this is "common fence" and if not how do we keep him from doing this? We really do not want a fence laden with trash and someone elses idea of ornamentation.
Thank you in advance for your assistance.What is the name of your state (only U.S. law)?
We live in a tract development with lots that are 75' wide & 150' long. It was surveyed and established in 1967. A few months ago we needed to remove a portion of a fence that runs between our neighbor and our property, to fell a damaged tree. When we did so we found several old cedar posts were too rotten to reuse. We replaced these with oak railroad ties. Our neighbor insisted that we were encroaching on his property even though we were able to show him the original hubs from the original survey still in place. He argued that since they had no cap with survey numbers on them they were not legal. He ordered us to remove our posts and we suggested we all go in together to get a survey to resolve the dispute. He agreed and said he would find a surveyor. Two weeks passed in which we delayed working on the fence and he did not produce anyone for a survey, however he did remove our new posts and piled them on our side of the property line. We could wait no longer as tensions grew so we hired a surveyor. He said the original stakes were within 1/100th of a foot and our fence line is in fact on our side of where these markers are. We have asked the neighbor to reimburse us for half of the cost as it was his actions that forced us to provide the survey. He has not responded to this request.
Since then he has been hanging things like an old logging cable and trash on our new (barb wire & posts) fence. I repeat, if one looks closely it is on our side of the survey markers. When my husband asked him to desist he said that it is a "common fence" and that he could do what he wishes with it. We do not wish to call in the police since this seems minor, but annoying. Now to the real question: Does he have any leg to stand on saying this is "common fence" and if not how do we keep him from doing this? We really do not want a fence laden with trash and someone elses idea of ornamentation.
Thank you in advance for your assistance.What is the name of your state (only U.S. law)?
