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Tresspassing neighbor cuts plants

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Smen

Junior Member
What is the name of your state (only U.S. law)? Washington, city: Seattle

My neighbor is a jerk. He's been a problem since we moved in. He has a history of violence and substance abuse (alcohol). Needless to say, I like to have as little to do with him as possible.

Problem 1: he built a cinder block fence--and I say fence since it has no foundation--and built a 12 foot fence on top. Its straddling our property lines; some of it on my side and some of it on his. It was piss-poorly built, its unmaintained and because it has no foundation it's sagging and falling towards my house! It's a haven for rats and vermin I see them dart into it for safety after they ravage my vegetable garden. When I asked the City of Seattle to do something about the fact that he'd built a 3ft tall cinder block fence and then put a 12ft wooden one on top of that they maintained that it was a 3ft retaining wall with a fence on it. Truth is he has a 15ft tall fence, 3feet too high for this city's laws.

What do I do to get rid of this unsafe-unstable-vermin-riddled eyesore?

Problem 2 I planted a bamboo screen to keep him from "peeping" and to give my property some shade and privacy without planting trees next to his unstable vermin wall. He reaches over the top of his fence--which is already partially on my property--and then over my fence and then cuts the bamboo. Always he maintains that he is innocent of this; that someone else cuts it.

Do I have any legal recourse? Do I have to have photographic evidence or video evidence of him doing it for a lawsuit?

He's habitually trespassed on my property for years, once going so far as to violently assault my husband on our very doorstep. In the past he threatened my daughters, tried peeping on them and tried using his authoritative whiles as an out of work teacher to intimidate them. We got a restraining order because of the assault but it ran out a few years back as my husband and I are now divorced. I'm sick of putting up with this but when I've called the cops about his trespassing and property destruction they do nothing.
 


justalayman

Senior Member
did you check to see if the build had proper permits?

If not, do so and if he doesn't complain to the building department about it.

If the build is on your property, at any point, write him a letter requiring him to remove the encroachment from your property. If he doesn't, I would suggest suing him for the costs to remove the build from your property. Self help can sometimes be used but since only part of the build is on your property, if any of the other build is damaged, he could have a claim against you. Suing him for the damages would bring all of this out in court.

If the lean is menacing, call the building department and the code enforcement offices and speak with them. If nothing else, send a written letter advising the neighbor of the peril you are placed in. This will put him on notice and if there is any damage to anything of yours, he will have a difficult time claiming lack of knowledge of the peril.

all correspondance should be sent certified, RRR.
 

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