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Tree and fence problems

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dsfiscool

Junior Member
What is the name of your state? Kentucky

My family has owned my current home since 1969. Our fence was purchased and installed in 1970. And, we had a pine tree in our front yard since 1978. We have been maintaining the same property line since 1969 when it was purchased. My father passed away in 2001, but the estate is still in his name and I have maintained the same fence and property line since his passing.

A couple years ago, a couple purchased a vacant lot next to my property and built a new house there. They had 2 earlier surveys and said nothing about the tree, the fence or the property line. The beginning of last month, the woman approached me and said she wanted the tree cut down but would not do it without my permission. I refused to give her permission since my dad had planted the tree there years ago, it was too important to me and we have maintained the tree and the land around it. Two weeks later she claimed she had another survey (the third in 2 years), the tree was on her property, and that the corner of my fence was on her as well. I told her I did not want the tree cut down until I had my property surveyed and, by my attorney's advice, posted a note on the tree saying I was handling the situation legally, I was having a survey done and the tree was not to be cut. A day and a half later, she had my tree cut down.

I have since had my property surveyed, and the tree was on the property line, and I intend to pursue compensation. But, I did not have as much of the tree on me as I thought, and the fence is on the very outside edge of the property line at the front.

Since we have maintained the same line since 1969 (which is outside the surveyed property line), do I have the right to claim that line?
Since the fence was there since 1970 and the tree was there since 1978 do I not also have the right to stake claim to those and the land they are on since we maintained it for all those years?
Since they surveyed their property 2 previous times and said nothing about the fence or the tree before they started and finished the construction of their property, do they have the right to make an argument against it now?
Since I forewarned them that I was handling the situation legally (since my property is a legally established estate), can they be held liable for my legal fees?

Might I add that these people have been very malicious toward me. So, I would appreciate any advice. Thank you.
 



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