What is the name of your state (only U.S. law)?
We have developed a problem with our property we own in Florida. When we purchased it 4 years ago, we had it surveyed and survey markers were clearly posted on all 4 corners of the property. in addition, I spray painted rebar and cemented them into the ground next to the markers as an additional marker.
2 years ago, the land next to us was sold and the woman that bought it erected a wire fence around the perimeter of her property. Problem is, on the part of her property that borders ours, the fence encroaches onto our property by about 6 inches. Not much, I agree, but the property goes back 330 feet, so factoring in the length of the run of fence on this border, it does amount to a bit that she's taken over. In addition, one corner post is staked right next to the property marker and rebar on our property, so there is no way they missed it when they were driving the corner post in the ground.
I wrote her a certified letter one year ago explaining the situation and nicely asking her to please move the fence back to her property or we would take additional action. She received and signed for the letter but never moved the fence. We went to the local code enforcement agency and were told that it is a civil matter and out of their hands.
We have our survey on our side, and receipts of the letter that she signed for but never responded to. I am wondering if I am within my rights to remove that part of the fence that encroaches onto my property without fear of legal action on her end. I plan to write one more letter with a final date of action for her to do something, then tell her that if it is not moved, I will take action to remedy the situation. Does anyone have any guidance or advice as to a course of action? I was also wondering if we had to take her to small claims court, since I live in NY, am I within my rights to also sue for travel costs from NY (our home state) to Florida and back to attend the court hearing?
Thanks in advance!What is the name of your state (only U.S. law)?
NYWe have developed a problem with our property we own in Florida. When we purchased it 4 years ago, we had it surveyed and survey markers were clearly posted on all 4 corners of the property. in addition, I spray painted rebar and cemented them into the ground next to the markers as an additional marker.
2 years ago, the land next to us was sold and the woman that bought it erected a wire fence around the perimeter of her property. Problem is, on the part of her property that borders ours, the fence encroaches onto our property by about 6 inches. Not much, I agree, but the property goes back 330 feet, so factoring in the length of the run of fence on this border, it does amount to a bit that she's taken over. In addition, one corner post is staked right next to the property marker and rebar on our property, so there is no way they missed it when they were driving the corner post in the ground.
I wrote her a certified letter one year ago explaining the situation and nicely asking her to please move the fence back to her property or we would take additional action. She received and signed for the letter but never moved the fence. We went to the local code enforcement agency and were told that it is a civil matter and out of their hands.
We have our survey on our side, and receipts of the letter that she signed for but never responded to. I am wondering if I am within my rights to remove that part of the fence that encroaches onto my property without fear of legal action on her end. I plan to write one more letter with a final date of action for her to do something, then tell her that if it is not moved, I will take action to remedy the situation. Does anyone have any guidance or advice as to a course of action? I was also wondering if we had to take her to small claims court, since I live in NY, am I within my rights to also sue for travel costs from NY (our home state) to Florida and back to attend the court hearing?
Thanks in advance!What is the name of your state (only U.S. law)?