vandelism

[1951]

What is the name of your state?

Washington State

Two and half years ago, my neighbor filed a suit for adverse possession. Their driveway encroaches on my property. They have not as of today given a legal description of the area in dispute, but have submitted drawings of which they claim more than just the driveway encroachment. I had a survey of the property. A month later, the neighbor took 36 feet of my fence and some bricks. I have never seen these materials since that day. The city attorney would not file theft charges. The suit was filed the day after they took the fence.

These people have not owned the property ten years and their former owner submitted an affidavit in which he claims he does not agree with the claim. Trial dates continue to get continued because I am told that the court has too many criminal trials. So, after two and half years, I finally had a new fence built. Their attorney notified the city attorney that they were coming up to tear it down. I came home from work and it was cut in pieces and lying on the ground. The city attorney said he is not filing charges. I had great difficulty getting the police to write a report. They will not write that the neighbor cut it down nor will they put in the report who did it. They said a judge has to decide who the property belong to first. Don't I still own the property? Can I sue the city for not doing their job? Thank you

 

[racer72]

Can I sue the city for not doing their job?

They are doing their job. Your problem is a civil, not a criminal issue. You need to talk to an attorney and sue your neighbor.

 

[dyinginside]

Im sorry could you clarify for me.
Did they file adverse possesion on your propertyad how long have they lived nextdoor and claimed to be using your property?

The have to make continuous,open use of your property for 7 years constant to even think about adverse possesion.

You need to seriously get some no trespassing signs get and keep that fence up and tell this neighbor of yours to get off ad stay off your property.....whatever may still be yours.

You know that if they do get the adverse possesion they can get a quitclaim deed and you wouldnt even have to sign aything or even be aware of it?Like you could even continue to pay taxes etc. and still wouldnt own it anymore. You would most likely only find out when you try to sell and they say oh, Im sorry mr/mrs so and so...you no longer own this property it has been quitclaimed. Depending on years.....you may no longer own "your" property.

 

[HomeGuru]

What is the name of your state?

Washington State

Two and half years ago, my neighbor filed a suit for adverse possession. Their driveway encroaches on my property. They have not as of today given a legal description of the area in dispute, but have submitted drawings of which they claim more than just the driveway encroachment. I had a survey of the property. A month later, the neighbor took 36 feet of my fence and some bricks. I have never seen these materials since that day. The city attorney would not file theft charges. The suit was filed the day after they took the fence.

These people have not owned the property ten years and their former owner submitted an affidavit in which he claims he does not agree with the claim. Trial dates continue to get continued because I am told that the court has too many criminal trials. So, after two and half years, I finally had a new fence built. Their attorney notified the city attorney that they were coming up to tear it down. I came home from work and it was cut in pieces and lying on the ground. The city attorney said he is not filing charges. I had great difficulty getting the police to write a report. They will not write that the neighbor cut it down nor will they put in the report who did it. They said a judge has to decide who the property belong to first. Don't I still own the property? Can I sue the city for not doing their job? Thank you

**A: and where is your attorney on this important matter involving a claim to your real property?

 

[1951]

The neighbors had only owned their property four years prior to me purchasing my property. They have not used any of the disputed area except the driveway encroachment which I have offered as an easement several times and they have turned it down. They want my property for an access to a garage that had not been there ten years. They can access this garage on their own property, so I have no idea why they need mine.

I have an attorney who is taking care of the false claim against the property. He was hired by my homeowner's insurance company to defend the claim, so he cannot have anything to do with my counterclaim. I could no longer afford my attorney I hired for the counterclaim, so now I represent myself.

My question was in regards to the city allowing the vandelism and theft that has taken place. The neighbor works for the city and his wife is a para legal. The city attorney's mom works for the real estate that sold the houses. My attorney said I should find an attorney out of town to take care of my problem with the city. They didn't just take the fence down and put it on the ground. The first was stolen and the second was cut up.

 

[dyinginside]

So, the whole thing sounds like a set-up from get go.
Person works for the city,wife knows laws mother of person sold the damn house? If you can prove all these things to be fact Id say they may have a problem after all.I mean they planed this whole thing out before you were even thought of(moving in the house i mean). They must had made big plans for the said property. Good luck. Souds like with these people youll need it.

Can you say neighbors from hell?!


Also can you tell me in total the number of years these neighbors have lived there?

 

[1951]

The neighbors bought their house 6/92 and I bought mine 6/97. The garage was built in 93. They filed the suit in 2001. From 97 to 2001 I used this property they are claiming. My former owner even sent a picture of him clearing the area of roses and grass that was there before the gravel. That was in 1995.

They were selling the house in 2001. The dispute started when they found a buyer. My children and I went on a vacation for a week. When we returned the neighbor told my kids not to park on the property anymore because the buyers wouldn't like it. I noticed my fence that ran between our homes was off about three feet at the front of the property. On the other side of my home the other neighbor had fertilized and mowed my lawn. My property looked like it was in the shape of a piece of pie. It wasn't like that before we left for vacation. When I asked him why he told my kids not to park where we had been for four years, he asked me to leave it alone until after the sale closed and we would settle it between us. I had a survey that week and went to an attorney.

The neighbor used his foot to destroy the surveyed lines on our gravel made by the surveyor. They continued with the sale of the property. The next month, my attorney told me he was going on vacation. I moved the front of the fence back over the four feet to the property line. The neighbor had moved out and bought another home. A few days later, they came and tore the fence down which I owned. They blocked the access for three days.
The city attorney asked me to take the high road and not have their cars towed away. He said he would get them to move these and find out where the fence materials were located. I think it was the next day they filed the suit. One of the elements of their suit against me is for the loss of the sale of their house.

My attorney told me to find their previous owner and see what he had to say. I researched the property records and found out his name. He gave me the affidavit. I have several former owners of my property to testify in my behalf. I found out later that my attorney knew their previous owner very well. He held onto the affidavit for several months. They claimed a fence had been there for 20 years. I ordered USGS aerial photos. These were delivered to my attorney. I found out seven months later that the aerial showed no fence existed in 1996. I actually found all this out in the same month they took the deposition of this former owner. Turns out my attorney met with this guy about four times to prepare him for a deposition that was more to protect him from the fact that he sold the property with the driveway encroachment. We went to court over the preliminary injunction they filed against me and their attorney made a remark that he might order a mental evaluation on me and my attorney laughed and said maybe they could make it a joint effort. It was in his office afterwards that I asked to see the aerials. Several days later he dropped me and said it was because of my behavior in court that day. This had been quite a nightmare and this is only a small part of the what has taken place. Four months after he quit he withdrew my witnesses' affidavits from the court record and sent them to my new attorney with a letter telling him he could return these originals to the people that wrote them.

Anyway, thanks for asking. I guess someday it will end. I think I am in a small town and they are all connected. I am nobody here. I go to my classroom and teach each day. It is the only place I don't think about all of this. I had to rent until I was 46 years old. This place meant way too much to me. It wasn't worth losing my health and the last couple of years with my kids living at home. I raised them by myself and just wanted to give them a home. It was the worst thing I could possibly have wished for my children. They have turned down all my offers to settle, so I have to wait until someone allows this to go to trial. It's been two and half years. The court administrator said sometimes these trials take 5 or more years. I had a case schedule, but that hasn't been followed at all. Someday it will end.

 

[dyinginside]

My gawd who the hell are these neighbors of yours?!
Sound like pure nightmares. Sorry to hear all you have had to go through just to try and have "your" home and live your life.
These people seem determined to ruin your pursuit for happiness.
It sounds REALLY complicated and I have no idea what else I can say about all of this except good luck and I hope everything works out in your favor. After all youve gone through you deserve it.

 

[1951]

Thank you for your encouraging words. However, I guess you and I both know who will win this dispute. The best thing I did was contact my homeowners insurance about the fence. That is when I found out they would pay for the defense. They have since cancelled my homeowners policy, but at least they will finish out defending this to a point. One thing I will come away from all this with and that is the knowledge that there is not real justice in this country. It's who you are and who you know. I'll just sit and wait. If they knew what to do with me, they would have done it by now. Yes, they have a problem. I just wish I had an attorney to sue this city and the attorney who I hired in the first place. Take care, and thank you for your interest in my problem.

 

[dyinginside]

No problem. Sorry I couldnt have been of more help.
Maybe someone else will be though.Cross your fingers.
I'll cross mine for ya.
G'night for now.