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Neighbor wants to sue for 50-year-old fence

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lanthony00

Junior Member
What is the name of your state (only U.S. law)? Minnesota

My husband and I took down our picket fence 6 weeks ago without talking to our neighbor about it (long story but we don't get along). She claimed the fence was hers and that she would sue us to replace the fence. We talked to the previous owner of our house (still in contact with him which is so helpful, especially since his Dad is the one who built the house!), and he said his father put it up 50 years ago. We also were the last to maintain the fence--painted it two years ago. We told her we would not be replacing our old fence with one she wanted--rather the 6-foot privacy fence we've already purchased. We also had a survey done which showed the posts were on our property and the picket fence was right on the line. The braces for the pickets were also on our side.

First she lied and said she had a survey done but never did at which time she also threatened to sue (mentioned above). We decided to try to compromise. We waited two weeks and she didn't talk to us, so we dug our holes for the posts. She orders us to stop as she had called the city on us. They couldn't come, so she called the cops who informed her it was a civil matter and that there was nothing they could do. We still try to work with her and wait another week. Then she tried to isolate my husband to "make nice" but was being completely unreasonable--she called me and my husband names. We never reciprocated such behavior. My husband put the fence up without stepping on her property at all.

Long story not so short... She said she will be contacting her lawyer, so she plans to sue. I should mention that our old fence was on the property line but cut over in two spots by her garage in order to leave that open for maintenance. Each piece was about 1.5 ft wide. Since those very small pieces were on her property, are they hers even though it was connected to the rest of our fence? We also ran the fence along her driveway up to the front yard (on our property only and within city ordinances). This leaves her with about 50 ft of driveway where she will have a very difficult time removing snow. She also says she will not be able to use her driveway with the fence up because she won't be able to get out of her car--she's exaggerating, but how can I prove that if we do go to court?

Thanks for reading! Sorry if it's too long!

Does she have a case?What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Minnesota

My husband and I took down our picket fence 6 weeks ago without talking to our neighbor about it (long story but we don't get along). She claimed the fence was hers and that she would sue us to replace the fence. We talked to the previous owner of our house (still in contact with him which is so helpful, especially since his Dad is the one who built the house!), and he said his father put it up 50 years ago. We also were the last to maintain the fence--painted it two years ago. We told her we would not be replacing our old fence with one she wanted--rather the 6-foot privacy fence we've already purchased. We also had a survey done which showed the posts were on our property and the picket fence was right on the line. The braces for the pickets were also on our side.

First she lied and said she had a survey done but never did at which time she also threatened to sue (mentioned above). We decided to try to compromise. We waited two weeks and she didn't talk to us, so we dug our holes for the posts. She orders us to stop as she had called the city on us. They couldn't come, so she called the cops who informed her it was a civil matter and that there was nothing they could do. We still try to work with her and wait another week. Then she tried to isolate my husband to "make nice" but was being completely unreasonable--she called me and my husband names. We never reciprocated such behavior. My husband put the fence up without stepping on her property at all.

Long story not so short... She said she will be contacting her lawyer, so she plans to sue. I should mention that our old fence was on the property line but cut over in two spots by her garage in order to leave that open for maintenance. Each piece was about 1.5 ft wide. Since those very small pieces were on her property, are they hers even though it was connected to the rest of our fence? We also ran the fence along her driveway up to the front yard (on our property only and within city ordinances). This leaves her with about 50 ft of driveway where she will have a very difficult time removing snow. She also says she will not be able to use her driveway with the fence up because she won't be able to get out of her car--she's exaggerating, but how can I prove that if we do go to court?

Thanks for reading! Sorry if it's too long!

Does she have a case?What is the name of your state (only U.S. law)?
If she is going to have a difficult time getting out of her car and a difficult time removing snow, thanks to your fence, I do hope that you were darned sure of your property line (ie had a survey done).
 

lanthony00

Junior Member
Yes. We paid $850 for a survey. We actually put it back off the property line. Her driveway actually crosses over the line into our property.
 

154NH773

Senior Member
She said she will be contacting her lawyer, so she plans to sue.
You seem to be in the right. I would have the former owner provide you with an affidavit relating to his having built the fence originally.

The fact that she is threatening to sue is probably a bluff. I wouldn't be concerned until you are served. Even a lawyer contacting you should not be cause for concern.
 

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