What is the name of your state? Massachusetts
I have a neighbor who is in a land dispute. We purchased this house approximaetly 5 years ago. Originally there was a chicken wire fence between me and the neighbor. However, he took that down ( withou t our permission) and recently built a 2 ft.masonry wall. I recently paid for and had a full land survey done clearly showing where the boundaries are. These are visible and clearly defined. This survey has been filed with our local Building Dept. They not only involve our land. The neighbors as well as he has encroached about 2-3 feet onto ours by planting shrubs, bushes, and other types of smaller bushes. I have offered the neighbor to have his own survey done (as he had requested to do this) but he has chosen not to do this. I also sent him a certified letter informing him that we were going to be installing a fence and that he had to move any of his bushes or plantings that were on or near the property line so they would not be destroyed. I had given him three weeks to do this (which would be August 15, 2005). To date, he has done nothing.
I want to have this fence installed but would we be safe in doing so? I feel that another 3 weeks will not make a difference to this guy and that the survey that I had paid for should be well within our limits to build a fence. What if he should choose not to remove any of these bushes or plantings? I don't want to get into a lengthy court battle but I feel that I have been more than fair. Please help. It is not an option that I will grant him an easement.
I have a neighbor who is in a land dispute. We purchased this house approximaetly 5 years ago. Originally there was a chicken wire fence between me and the neighbor. However, he took that down ( withou t our permission) and recently built a 2 ft.masonry wall. I recently paid for and had a full land survey done clearly showing where the boundaries are. These are visible and clearly defined. This survey has been filed with our local Building Dept. They not only involve our land. The neighbors as well as he has encroached about 2-3 feet onto ours by planting shrubs, bushes, and other types of smaller bushes. I have offered the neighbor to have his own survey done (as he had requested to do this) but he has chosen not to do this. I also sent him a certified letter informing him that we were going to be installing a fence and that he had to move any of his bushes or plantings that were on or near the property line so they would not be destroyed. I had given him three weeks to do this (which would be August 15, 2005). To date, he has done nothing.
I want to have this fence installed but would we be safe in doing so? I feel that another 3 weeks will not make a difference to this guy and that the survey that I had paid for should be well within our limits to build a fence. What if he should choose not to remove any of these bushes or plantings? I don't want to get into a lengthy court battle but I feel that I have been more than fair. Please help. It is not an option that I will grant him an easement.