Neighbor constructing fence on my property

[jjpann1]

What is the name of your state?What is the name of your state?What is the name of your state? CT

My neighbor has marked the location of a fence he is planning. I have informed he is not on the property line and is crossing my property. Picture a triangle a is the peak and c-b is the base. Instead of following the property line c to a to b he is planning to go across from c to b.

a

b c

If he does this, can I after completing my own survey chop his fence down with a chainsaw and stomp on the pile of scrap. Seriously.... I think were headed to court the man's an at home mother hen with nothing but time on his hands. Talking to him has been fruitless. Won't this fence be technically mine if he builds on my property. What if 90% of the fence is on my property? do I leave the 10% standing?

What are my choices if he completes the planned fence? Can I recover from him the cost of suing him when I prove I am correct?


Thanks!!!

 

[Some Random Guy]

Put him on notice using a CRRR (Certified return receipt requested) letter that he is putting the fence on your property. Tell him that he will be billed for any damage to your property and the cost of tearing it down.

Get your own survey done.

If he builds it anyway, and its on your property, remove it and bill him. Or, take him to court first, then tear it down.

 

[opulence]

You can get an injunction in court and he will not be allowed to build. If you wait for him to build and have no letters, pictures and proof that you tried to find a solution to the problem, the judge on the case could frown upon that. As it could be viewed as a 'spite' case.

Write the letter and let him know that if he does not responded and agree to not putting the fence up in writting, you will get the injunction.

You can sue for time lost of work hours as well as court fees and damages.
Punitive is hard to prove.

 

[jjpann1]

Thanks for the opinions. Sent the CRRR letter today with photo and detailed description of area in question.