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Neighbor threatening to move existing fence onto my property

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JourneyofJoy

Junior Member
What is the name of your state? NJ

I had a hedgerow that was on my property line that has been causing conflict over its maintenance between my neightbor and myself for five years. My husband maintained the hedgeow without a peep about it from the neighbor from 1992-2003 until we split up. After his departure I attempted to maintained it, but had difficulty because it was at the top of a slope on one side and my neighbor's fence was up against it on the other. So it was impossible for me to position a ladder on flat ground and be close enough to the hedges to trim them safely. In 1999 my neighbor put up a pool and the fence, but it is my understadning that he didn't get a fence permit which is required by the town. In 2005 during a confrontation over the hedges my neighbor incinuated that I didn't even own the hedgerow. The next day I wrote a cerified return receipt letter asking the neighbor to meet with me and compare surveys so we can resolve the dispute about the ownership and maintenance of the hedges in an amicable way. He never responded. In 2006 I trimmed the hedges back severly on my neighbors side so that I could get a ladder in the space and safely trim the top of the hedgerow which was about 6' high. Within two hours my neighbor moved his existing fence up against the hedges and when I asked him why he was doing that and explained that now I wouldn't be able to trim the hedges safely, he sarcastically replied "I know". Realizing that trimming the hedges has been such a hastle for me, this week I cut the hedgerow down completely. By the next morning there was a stringline up that encroached on my property by 20". I ignored the stringline for two days until the neighbor sent his 18 year old daugher to my door to ask if I saw the stringline and that her father was planning on moving the fence up to it. I told her that the stringline was encroaching on my property and that he did not have my permission to install the fence on that line. The next day I wrote a certified return receipt letter saying that the stringline is on my property and that they don't have permission to move the fence onto my property. I also stated that their behavior towards me has become increasingly more hostile and bullying and that I feel that I'm being harassed therefore, the only contact I want with them is if they have a police escort or through certified letter. On Thursday I went to the zoning office and they "unofficially" told me that the neighbor didn't have a permit for the fence. I also noticed on their survey that the property line in dispute is not demarcated at all on their survey. In other words, there's no numerical markings clearly defining where the property line falls. The zoning officer also told me that even though he never got a permit I have to wait until the neighbor installs the fence on my property and then hire a lawyer and take them to court to have it removed. Today I went out and removed the stringline and the neighbor called the police. The police told me that I would have to get a current survey and then hire a lawyer. After much proding and reasuring the officer that I have done everything I could to resolve this amicably, he then advised that I should go to the code enforcement officer and ask for proof that the neighbor did get a permit and if so that it was verified that the installed fence was in accordance to a property survey and to code which I plan to do on Monday. In the meantime I put up a no trespassing sign on my property to go along with the written notice that my neighbor should not be on my propoerty. When I went out this evening the neighbor was standing at the edge of my property messing around with my property marker. This seems like a ridiculous situation.

Why do I have to pay to have a new survey done and hire a lawyer to defend my property? Why doesn't the person installing or moving an existing fence have the burden of proof that it is not encroaching on someone else's property? Why doesn't the township have the responsibility to ensure that people receiving permits are adhering to them? If I end up having to get a new survey and hire a lawyer will I be able to sue my neightbor for those expenses plus compensation for the aggrevation and harassment?

Any other observations or advice about what I've said or done would be appreciated.What is the name of your state?What is the name of your state?What is the name of your state?
 


ok, it sounds to me that you have done everything correctly so far. Let the jack ass place his fence. Then take him to court and make him spend more money to remove it and re do it. I find with people that stupid, you sit back and give them enough rope to hang themselves and they usually do
 

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