Getting neighbor to move junk off our property

[house_rules]

What is the name of your state? Idaho

HELP! Neighbor is storing all kinds of supplies associated with her business on our property since 2001. She thought it was her property until a survey showed it wasn't. We have contested this encroachment since we purchased in 2005. We tore down the old, dilapitated fence in 2007, but she has ignored our requests to move the materials so we can finish putting up new fence. She has not disputed the new fence on the correct boundary.

If we write her another letter advising her that we will consider the materials abandoned and remove them after a certain date, can she sue us or hold us liable for any loss, or damage to items we would have to shove back onto her property with a tractor (a shed, large concrete containers, and compost piles)?

The other two actions we can take are; one, have the county enforce code violations regarding setbacks for materials; and two, file tresspass charges. I don't really want to spend any money dragging this through the courts, though. Cha-ching!

What do you think my best-next-step should be? We have been trying to resolve this for nearly three years now and typically she just ignores us or always has excuses why she needs to look into it farther.

We need straight forward answers. We've already spent a small fortune on an attorney who doesn't seem to be able to give us a precise answer.

Thanks in advance from Idaho.

 

[justalayman]

courts tend to not like self help so if you were to damage something when moving it, a judge may require you to compensate the neighbor for it.

The best way is to sue in court.

 

[house_rules]

Our attorney told us we'd have to spend roughly $30,000 to litigate this matter. We don't have that kind of money! Every time we go back to talk with him about what we should do we are spending $400 just for him to look at the case again. And each time he tells us to try and work it out with the neighbor, but I think she's just hoping we will give up and go away. So hse ignores us.
Any other suggestions?

 

[deenorris]

scratching my head here...

How about unlawful trespass if she crosses onto your property to retrieve these supplies? It will bring the matter to a head, but you may spoil your relationship with your neighbor.

 

[xylene]

maybe you should talk to an attorney who isn't bilking you.

 

[house_rules]

We were told this attorney was the best real estate lawyer in town. I don't know what other attorneys charge, so I have no comparison. Is he charging us a lot of money?

 

[ErinGoBragh]

Would a DIY in small claims be an option for the OP? It'd probably save him a lot of money in the long run

 

[xylene]

400 dollars an hour is a lot of money. Is it outlandish? That's debatable. For some cases, no.

I'm not exactly sure what the problem is now though, when the neighbor has agreed to the correct boundary. You just need legal cover to get their junk moved right?

 

[house_rules]

Attorney is actually $225 per hour, but the bill is usually $400 for him to review and make suggestions.

We don't know if the neighbor agrees with the correct boundary, but they haven't said anything since we put up the new fence last August. Even though there were pins in the ground since 1972, before their house was built, someone who lived there put up a fence on our property around 1986 and now these owners think they are entitled to that land. Long story short, our property was landlocked for 20 years and previous owners couldn't get to it and therefore didn't know anyone built a fence. Seven years ago they finally got an easement and developed it, but by then the fence was dilapitated, most of it was laying on the ground and not even connected so they didn't think anything of it. Our neighbor claims her realtor told her her property went to the fence, but she never had a survey until recently. The survey confirmed the pins are correct, but now she won't move her junk.

"Would a DIY in small claims be an option for the OP?" What does this mean?

Tresspass is the most certain course of action, but that will cost a lot of money to take it to court, won't it?

I appreciate all your comments and suggestions.

 

[justalayman]

30000/225=133.33 hours.

Apparently the attorney does not have much faith in himself to think he cannot do this in much much much less time.

small claims court; not the proper venue for this (a court order for them to remove the stuff).


Here is an idea;
put up a fence that actually keeps the neighbor from accessing the stuff. Move as little as possible to build the fence. Leave anything on yor side that is there and build the fence. Send her a letter stating that entering your property to access the materials would be considered trespassing and the authorities will be notifed.

I have not looked up the abandonment laws for your state (maybe that expensive attorney can do at least this correctly) but youneed to research how long personal property needs to stay put and any actions required on your part to cause the property to be considered abandoned, and then get rid of the stuff after that time period and actions have passed.

 

[John Se]

move it or have it all moved back to thier property

tell them before you do it of course and be done with it, then send them the bill. then go after them in small claims, keep a good paper trail, with video and recordings. clearly mark your corners and have a surveyor swear out a survey.

 

[longsally111]

I agree with the earlier post. Erect a fence, warning her by rr letter that it will happen and on what day and if she leaves anything on your property after the fence is erected, you will dispose of it as you see fit. Then, build the fence. This will take care of all contingencies. Even if she does move her stuff and then dump it again, it will be blocked from view by the fence.

 

[house_rules]

Thank you all for your responses! It makes us more confident in moving forward. The county did back us up in saying they would enforce code violations, as well.

I did approach the neighbor Sunday and outright asked if they ever planned on moving the stuff, and they said yes but to bear with them because they have had an awful year. Last year she was on her death bed (but outside the next day), this year she has eye cancer and her mother died. I'm leary because in the past three years she ALWAYS seems to have excuses, but the christian in me says believe her. Three years... are we being too nice?

Thanks again!

 

[justalayman]

Three years... are we being too nice?

Thanks again!

yes, you are being too nice.

 

[house_rules]

Yep, that's what everyone else tells us, too. Nothing is simple though when you might be facing a court battle, though.

Thanks again.