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Frustrated with Adverse Possessor

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ralph31

Member
What is the name of your state? Tennessee

Thirty years ago I had fence erected 1 1/2'' within my property line and advised neighbors of same. Most recent neighbor [nineteen years], at my request, stayed off of the narrow strip of property until he planted it with bamboo which spread under the fence and unto my yard. There is no cloud on my title, I have paid taxes on this strip and surveys of neighbor's and my land confirm ownership.

I cut down and poisoned the bamboo roots. Neighbor has rotting logs on 8 sq ft of this strip which prevents me removing last of bamboo. When I remove logs and place them neatly on his adjacent property, erect plastic warning fence nearer property line, place no trespassing signs, neighbor calls police who could care less in this civil dispute. Neighbor claims strip now belongs to him, but suggests I build a new fence (would be my third) nearer property line. Neighbor has crossed this 1 1/2 strip with short fence to enclose his property. When I attempt to remove this, he rebuilds. I have constructed a narrow gate within my fence to maintain access to area. I have before and after photographs that reflect where he has torn down a plastic warning fnece and thrown scrap from this strip then over the fence unto my yard.

Lawyers have been envolved, and nhbor's lawyer advises that neighbor
will remove the trespass, but it doesn't happen. I am reluctant to go to court due to potential costs, but if neighbor brings adverse possession action, I intend to counter sue for damages towards removing bamboo roots that have spread througout 30% of my rear and side yard. Prior to this I intend to put up a short fence to block his access on the 1 1/2' X 80' strip of land. These 4X4" cedar posts will be in concrete.

Any comments will be appreciated.
 



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