Neighbor took MY fence down while I was out of town

[pauper_72]

What is the name of your state? Michigan

I had to go out of town for about ten days. When I returned, I noticed my neighbor took MY fence down that was about one foot on MY property (giving him more yard). He has not replaced it. I foster dogs and need to pick my current foster up from the boarding kennel today!!

What do I do? What are my recourses?

 

[FlyingRon]

Have the fence replaced and then sue him for the costs. Why did he do this?

 

[LindaP777]

I would also call the police to report . . . aaahhh . . . theft . . . vandalism?
Document the damage, take pictures, proceed with getting estimates for a new fence.
Also, ask the neighbor what he intends to do about it.
Let us know! Some people are unbelievable!

 

[pauper_72]

To Flying and Linda

I called the police and have to pick up the report on Monday. They said vandalism charges are usually a waste of time as nothing really comes of it. Trespassing is the same. Because they are not ordinance "people" they cannot tell if the fence was on our property or the line. If it was on ours, yes on trespassing and destruction. If on the line, no BUT, the fence was considered "common" property and could not be altered without consent from both homes.

I am not sure if I posted this part but the guy also came onto OUR property and began to cut a 40+ foot tree down. It has a huge notch cut and is positioned to fall onto our power line. We have a professional tree guy coming out today to remove it. Due to the hazardous condition he left it in, and the fact that it was so close to our lines, the officer did say to put an emergency call in if the guy went back out to finish the job, which he never did.

The guy went and spent about $40 on some new, almost chicken wire type, fence and metal 6' green stakes so I currently have a fenced in yard. The problem is that the fence he took down was older, but still functioning perfectly. Was it the prettiest, no but it matched the rest of that side.

We had talked to the neighbor about a month ago and told him we got an estimate to clean the entire fence line / repair any "possible" issues (it has tons of grapevines which we love because it adds privacy). The total cost was going to be $2800 of which we wanted him to pay $1000. He said we were crazy and the fence was FINE the way it was as far as he was concerned.

So, we go away and he rips it down! He did not take down the back portion, which would allow his dog to get out (and is the worst part of the fence). He only took down the FRONT part, which his dog does not have access to but mine does.

He said his reason was that it was ugly and ruined his curb appeal (he is apparently listing his house for sale!). He said he tried getting us to do something about it for FIVE years. HUH?? WE have tried to get him but he said he could not afford to replace the fence so he was not going to do ANYTHING.

The day before I left I spoke to him about the fence and he said that he would see about money and we could discuss it when we got back. Well, this is what we came back to! So, since he replaced the fence with "less than par" fencing, can we replace it with adequate yard / subdivision fence and charge him? Can we sue him for the tree removal? Can I also include the additional $70 of boarding for the dog (2 days @ $35 per day)?

How do we judge the cost of the old fence? It was original to the house and was the heavy gauge wire (hoop) decorative kind with tons of foliage. He chopped the vines off at the ground. Can we charge him for new replacement "privacy type" hedges or plantings?

Thanks in advance! I am sorry if I missed a question.

 

[longsally111]

Send the man a letter by RRR informing him that he trespassed onto your property and destroyed private property. let him know that a police report has been filed and that the replacement cost for what he destroyed is XXXX. Tell him he has 10 business days to pay or you will sue him in small claims court. Depending on your state, you might be able to wage garnish a judgement or out a lien on the homehe is trying to sell. See what thay gets you but be prepared to sue in small claims court in 10 business days. It only takes about 2 months to get into court and there is no way in todays climate he can sell that quickly!!!!!!!!

as for the "curb" appeal, I would put stakes in the ground, chicken wire and the ugliest solution I could where he and the street could see it and tell him that you must use that until the fence is replaced.

 

[pauper_72]

Is there any advice

So, since he replaced the fence with "less than par" fencing, can we replace it with adequate yard / subdivision fence and charge him? Can we sue him for the tree removal? Can I also include the additional $70 of boarding for the dog (2 days @ $35 per day)?

How do we judge the cost of the old fence? It was original to the house and was the heavy gauge wire (hoop) decorative kind with tons of foliage. He chopped the vines off at the ground. Can we charge him for new replacement "privacy type" hedges or plantings?

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Update: It cost us $450 for the tree. $50 for the extra boarding.

And will be approximately $500 (total guess) for chain link fencing. My question is this. If he did put up a new fence (chicken wire kind of stuff) do we have the right to replace it with more appropriate fence and charge him? We cannot replace it with what was there because it was older "decorative" hoop wire that came in 5 or 6 foot sections.

What about the grapevine he cut down to the ground? Can I sue him to replace the privacy plants that grow on our entire fence line except where he cut it out?