Trespass & Subsequent Survey

[layman]

What is the name of your state (only U.S. law)? WA
Neighbor trespassed by dumping some of our own personal property further onto our property and claimed it had been sitting on their property. Local authorities could not charge with trespass due to "property line being in dispute". I now have a survey proving property is not theirs. Can I recover the cost of the survey in small claims court? Can I also recover the cost of a fence to keep them out? The cost to fence the one side will be approx. $4k.What is the name of your state (only U.S. law)?

 

[MountainDew]

Cost of the survey? I don't know, maybe, but probably not.
Cost of the fence? No way, no chance.

 

[layman]

Based on what?

 

[JETX]

I now have a survey proving property is not theirs. Can I recover the cost of the survey in small claims court?

No. The survey was for YOUR benefit... not theirs.

Can I also recover the cost of a fence to keep them out?

No. Same as above.

 

[layman]

Thank you JETX. I was looking for the underlying reason why I would not be able to recover the cost. I went to file for an anti-harassment order and the court clerk suggested I look into small claims court for my costs in getting them off the property.
Is there somewhere I can do more research on this subject? This is not the first survey we have had done to prove ownership to them. How many times can they do this?

They seem rather well-versed in pushing peoples buttons.

 

[justalayman]

? This is not the first survey we have had done to prove ownership to them. How many times can they do this?
s.

apparently as many times as you forget where the old line and markers are. There is no reason you should need to get a new survey every time something happens. You would do well to mark the line, now, when it is fresh with you and there is a current understanding as to where the line is.

 

[layman]

Discouraging to post in a forum for help and then get some sarcastic reply.
Are you here to help or belittle people?
The markers have been pulled out in the past. Hard to prove who did it.
This time, I pointed out the markers to them and law enforcement and since they disputed it the officer would not do anything.

 

[justalayman]

The markers have been pulled out in the past. Hard to prove who did it.

Oh, so now you toss in some new info that is critical to why you would have had to a new survey.

This time, I pointed out the markers to them and law enforcement and since they disputed it the officer would not do anything.

Local authorities could not charge with trespass due to "property line being in dispute".

which is it? Either the official surveyors stakes were there which would mean the line is not in dispute or there were no stakes because somebody pulled them out?

the fact is, they could do something but maybe because of your attitude he decided not to.

You need to understand a cop doesn't like to get into the middle of cat fights. If there was no damage, more often than not, a cop will not take any action other than give a warning.

 

[154NH773]

The markers have been pulled out in the past. Hard to prove who did it.

The next time you have a survey, have the surveyor pound in electrical grounding rods. These go down several feet, and because they are copper covered, will last a long time. Pound then down below ground level. You can always relocate them with a metal detector (available at rental shops). They are almost impossible to pull out.

 

[layman]

Thanks 154NH773. I will talk to the surveyor about this.

Justalayman,
I was not trying to toss in facts. I was just trying to ask the question without going into details that may or may not matter. I thought the people posting on this forum were reasonable and intelligent and would ask for clarification if needed.
Arguing doesn't add any value to the discussion or the forum.

You need to understand a cop doesn't like to get into the middle of cat fights. If there was no damage, more often than not, a cop will not take any action other than give a warning.

For clarification, I did not call the police. But, since they came out, I asked them what my options were. They were professional and polite and I thought they were just doing their job.

This situation should not happen in the first place but since it has, I would like to know what I can do and what I am responsible to do to bring it to a conclusion.

 

[nanomug]

The survey is not enough if the neighbors refuse to believe it. Best to have an attorney write a nice letter demanding they respect the property line as surveyed and allow you the quiet enjoyment of your property. Perhaps even a suggestion that they have their own survey done if they don't believe yours.

We went through a dispute similar to this that lasted 3 years of litigation. The opposing party went through 6 attorneys that all told them that they couldn't do what they were doing and were all fired at that point. They decided to settle when they ran out of money.

Best to find a way with the attorney to force compliance rather than the legal system. It gets costly quick and takes over everyones life.