propertyline
Junior Member
What is the name of your state?Colorado
12/2003 we bought our house built in 1964. We are the third owner of the house. The neighbor house built in 1966. The current owner raised the problem is the second owner bought the house in 1981. The summer of 2004 our neighbor came to tell us that he wants to move the fence three feet toward our land to the property line without presenting any legal document and serve document. We firmly rejected his request and asked our attorney sent a letter to him. Then the neighbor replaced the fence on the original position. We also replaced the original fence, it was at very old (because this is a 40 years old house) condition and made by iron string we didn't like it very much, at original position from our house wall to touch to the fence the neighbor newly replaced. A few weeks later the neighbor's lawyer sent us a letter said that "you recently erected a fence that attached to a fence located on our client's property. Your fence unlawfully encroached on xxx(the neighbor)'s property by approximately three feet, and constitutes a trespass. We hereby demand that you remove the fence from xxx's property and restore the property to its condition prior to the encroachment." We are so angry when read the letter. We repalced the iron string fence to wood fence at original position, it was there for 40 years. How could they say our fence unlawfully encroached on xxx(the neighbor)'s property? Then our lawyer sent a response to the neighbor at 1/28/2005, it said: "I have advised aaa(my name) that she will have a substantial defense to your suit for encroachment and trespass based on adverse possession. The lot line which was honored by the occupants of the lots for more than 18 years is now the legal lot, regardless of any other survey results." We thought the thing was finished. But two days ago, our lawyer sent us a copy of our neighbor's lawyer's letter written by 5/26/2005, they claim that 6/2/2005 is the closing date for their house being sold, if the fence legal problem makes the closing can not be finished, they will ask damage claim from us. The same day, 5/30/2005, when we received the copy letter from our attorney we saw that our neighbor hired contractors who placed the waste company's trash truck, toilet, concrete truck ready to do big job for their house. Surely they are not going to close the house at 6/2/2005 but they are going to find a payment resource for their house improvement. We hope to stop the neighbor's ridiculous, stupid motivation. Definitely we will fight with the unlawful, stupid claim and they can get nothing from us, but it bothers our normal life, it makes damage for our spirit and time. Welcome any suggestion and advise. Thanks.
12/2003 we bought our house built in 1964. We are the third owner of the house. The neighbor house built in 1966. The current owner raised the problem is the second owner bought the house in 1981. The summer of 2004 our neighbor came to tell us that he wants to move the fence three feet toward our land to the property line without presenting any legal document and serve document. We firmly rejected his request and asked our attorney sent a letter to him. Then the neighbor replaced the fence on the original position. We also replaced the original fence, it was at very old (because this is a 40 years old house) condition and made by iron string we didn't like it very much, at original position from our house wall to touch to the fence the neighbor newly replaced. A few weeks later the neighbor's lawyer sent us a letter said that "you recently erected a fence that attached to a fence located on our client's property. Your fence unlawfully encroached on xxx(the neighbor)'s property by approximately three feet, and constitutes a trespass. We hereby demand that you remove the fence from xxx's property and restore the property to its condition prior to the encroachment." We are so angry when read the letter. We repalced the iron string fence to wood fence at original position, it was there for 40 years. How could they say our fence unlawfully encroached on xxx(the neighbor)'s property? Then our lawyer sent a response to the neighbor at 1/28/2005, it said: "I have advised aaa(my name) that she will have a substantial defense to your suit for encroachment and trespass based on adverse possession. The lot line which was honored by the occupants of the lots for more than 18 years is now the legal lot, regardless of any other survey results." We thought the thing was finished. But two days ago, our lawyer sent us a copy of our neighbor's lawyer's letter written by 5/26/2005, they claim that 6/2/2005 is the closing date for their house being sold, if the fence legal problem makes the closing can not be finished, they will ask damage claim from us. The same day, 5/30/2005, when we received the copy letter from our attorney we saw that our neighbor hired contractors who placed the waste company's trash truck, toilet, concrete truck ready to do big job for their house. Surely they are not going to close the house at 6/2/2005 but they are going to find a payment resource for their house improvement. We hope to stop the neighbor's ridiculous, stupid motivation. Definitely we will fight with the unlawful, stupid claim and they can get nothing from us, but it bothers our normal life, it makes damage for our spirit and time. Welcome any suggestion and advise. Thanks.