neighbor chopped down our fence and threw in yard

[honestly1]

What is the name of your state (only U.S. law)? Illinois

My mother has approximately 5 acres in illinois. She and my dad (who just passed from cancer) purchased this land in 1983. This land was in the middle of a cornfield. They had a licensed civil engineer and surveying company plot their boundaries and installed a fence in 1988. The 5' chainlink fence was installed just inside the marked boundaries. Since then, the rest of the land was developed and in 2003 the developer told my parents that their fence was on his property. Apparently the whole property (as per the new survey by his civil engineer) is shifted 2 feet to the west. Hence, the neighbors to the east are gaining 2 feet and to the west losing 2 feet. With GPS and lasers I do not doubt that the original surveyer may have plotted their land 2 feet off. Problem now is that a neighbor to the west decided to cut my mom's fence down and extend his fence throught the side of her's and onto what she had believed to be her property for over 25 years. He cut her fence down and threw it in her yard. I would believe her survey would give her color of title and I just want to get this burden off of my mom's back as the property is now too much for her to maintain and will soon wish to sell the property. How can you sell with a neighbor's fence projecting into her yard. Are there any laws to protect honest peoply like my mom from people like this who have no regard for the well-being of others and who pick on women and children? It appears to me that my mom did everything an honest person would do in obtaining a legal survey and plotted boundaries. Now, by no doing of hers, she has to fight a battle to get her land back. Any suggestions please?

 

[JETX]

Are there any laws to protect honest peoply like my mom from people like this who have no regard for the well-being of others and who pick on women and children?

I have never heard of a law providing THAT specific protection. However, there are laws that protect someone from encroaching on someone elses property. If your mother was encroaching with the fence on THEIR property, then the real property owner has the right to recover their property.
If that person is your mother... then she can talk with a local attorney about her rights. If that person is the neighbor, then your mother can certainly talk with an attorney about 'adverse possession', etc., but likely not much luck.

 

[CraigFL]

The problem I have with this is that five years ago(2003) your mother was told that the fence was in the wrong place and didn't do anything about it. Apparently the new neighbor wanted to relcaim/mark their property so they took down the old fence and put up their own. By throwing your old fence back on your property, they were either trying to be nice by returning it to you or they were littering.

 

[honestly1]

In my mind there is someone who acted appropriately and did all she could to ensure that her property was fenced in correctly as she had hired a licensed civil engineer to survey and plot her boundary before she installed the fence. Then, when someone 20 years later tells her that his survey says that her property is wrong I believe that he should have to provide proof. What's to say that this new survey is correct and the previous one that she paid for is wrong. Isn't this what she paid for? Now 25 years later, the civil engineer that did my mom's survey is no longer in business so she is on the hook. Also, in my mind, her neighbor did wrong as you don't just tear down her fence because you just moved in and think you own the world. She has a plot of survey for her land also. It is just 25 years old and was surveyed before any other houses or land markers were there. It's not like she just decided to slap a fence wherever she felt she wanted to. She did all she could to ensure that her land was marked correctly before the fence was installled and paid for the land to be surveyed. What more could she have done? Before the developer developed all of the lots around her, he could have brought any descrepancies to her, but did not. What more could she have done?
And yes, she did do something. She consulted an attorney and it turned out legally that there was nothing they could do because she lived there for over 7 years with color of title. So the developer did nothing. Yet, a so-called neighbor, decided to take the law into his own hands and tear down a widow's fence. These are the facts.

 

[JETX]

In my mind there is someone who acted appropriately and did all she could to ensure that her property was fenced in correctly as she had hired a licensed civil engineer to survey and plot her boundary before she installed the fence. Then, when someone 20 years later tells her that his survey says that her property is wrong I believe that he should have to provide proof.

Give us a BREAK!!!
This is a LEGAL advice site. Your emotions have NOTHING to do with this. As I pointed out previously, either the fence was on their property or not. If your mother feels it was on HER property, get a NEW survey and pursue in court.

What's to say that this new survey is correct and the previous one that she paid for is wrong. Isn't this what she paid for?

And what's to say that her survey or fence installer wasn't wrong?? You can whine and pout all you want, but the ONLY determination of facts

Also, in my mind, her neighbor did wrong as you don't just tear down her fence because you just moved in and think you own the world.

Your 'mind' has nothing to do with this.

 

[cyjeff]

It all comes down to the survey line.

The answer, and it should have been the answer five years ago, would have been to get another survey.

Do it now. Until you do, don't write back.

 

[honestly1]

Good enough. Thanks for the replies. I'm just surprised noone is advising me to tear his fence down and put mine back up. I'm finding, laws aren't always there to protect the innocent from the guilty. thanks again.

 

[HuAi]

In this case it is not clear who is innocent and who is guilty.

 

[cyjeff]

Good enough. Thanks for the replies. I'm just surprised noone is advising me to tear his fence down and put mine back up. I'm finding, laws aren't always there to protect the innocent from the guilty. thanks again.

Laws are there to protect the innocent from the guilty.

We haven't established who is whom, yet.

And tearing down your neighbor's fence without legal backup is, to be diplomatic, risky from a legal sense.

Google "Border Wars".

 

[honestly1]

[QUOTE=cyjeff;2057247]Laws are there to protect the innocent from the guilty.

We haven't established who is whom, yet.

She paid to have her property surveyed when she purchased the property. Had it staked off by the licensed company hired and installed a fence inside of the boundaries marked. What do you suggest that she is possibly guilty of? If laws are there to protect the innocent from the guilty as you have so stated? You aren't sure who is guilty and who is innocent? Her survey says that her land is where her fence is. When the neighbors got their survey, she didn't run to the east and start tearing down sheds and trees that the neighbors to the east put up.

"And tearing down your neighbor's fence without legal backup is, to be diplomatic, risky from a legal sense."

This is what her neighbor did! She has no less documentation than he, although his is 20 years more recent and from a different surveyor. I expected to hear that from a legal stantpoint the situation might be tricky. Yet, from a moral standpoint this conversation is pointless.

 

[>Charlotte<]

This is what her neighbor did! She has no less documentation than he, although his is 20 years more recent and from a different surveyor. I expected to hear that from a legal stantpoint the situation might be tricky. Yet, from a moral standpoint this conversation is pointless.

You're throwing in a lot of emotion and melodrama that just doesn't belong in the equation. Cold, heartless developers picking on women and children, poor defenseless widows, etc. It only comes down to one thing: does the property belong to your mother or not? If it doesn't, it doesn't. If it does, it does.

Your mother can sue the other owner for tearing down her fence, or you can tear down his fence and he can sue your mother. Either action will be resolved in court. If your mother is confident that the original survey will prevail, go for it. But you said it yourself: with the assistance of GPS and more advanced technology, chances are the most recent survey is correct.

I can tell you one thing, though--nobody is going to base a decision on the fact that your mother is a poor, elderly widow. And in all honesty, from a moral standpoint your mother is not entitled to property that doesn't belong to her, if that is the case.

You have three choices: sue the other owner, tear down his fence and let him sue you, or accept the new property lines.