What is the name of your state?Idaho
I have had problems with this neighbor before, and posted here because of him. You all have helped me every step of the way, and I want to thank you for that, but he is back again!!. He has encroached his garden fence onto my property 4'x60'. I have a curent survey showing the encroachment. I have sent him letters giving notice to remove his fence off my property, or I would do it myself. I got a letter the other day from his attorney saying that if I remove his fence which they claim that my survey is wrong, and claim he is using a old survey marker. Ya, he pulled a tape on a pin that was over 150' away and eyeballed it and called it close enough, is what he did. The only survey pin that has ever been there is the one my husband had surveyed. His lawyer said and I quote"The fence remains a legal fence and cannot simply be torn down with out complying with title 35 of the Idaho Code. If an effort is made to remove the fence without complying with the code, the neighbor will seek injunctive relief as well as damages. I know Iam in the right, can I take it down myself??do I have to give him a statutes of time?? Idaho code say if a fence is put up by mistake, that I have to give him One year to remove it. I have a survey, he does not...do I really have to wait the year to get this land theif off my property? thank you for your help
I have had problems with this neighbor before, and posted here because of him. You all have helped me every step of the way, and I want to thank you for that, but he is back again!!. He has encroached his garden fence onto my property 4'x60'. I have a curent survey showing the encroachment. I have sent him letters giving notice to remove his fence off my property, or I would do it myself. I got a letter the other day from his attorney saying that if I remove his fence which they claim that my survey is wrong, and claim he is using a old survey marker. Ya, he pulled a tape on a pin that was over 150' away and eyeballed it and called it close enough, is what he did. The only survey pin that has ever been there is the one my husband had surveyed. His lawyer said and I quote"The fence remains a legal fence and cannot simply be torn down with out complying with title 35 of the Idaho Code. If an effort is made to remove the fence without complying with the code, the neighbor will seek injunctive relief as well as damages. I know Iam in the right, can I take it down myself??do I have to give him a statutes of time?? Idaho code say if a fence is put up by mistake, that I have to give him One year to remove it. I have a survey, he does not...do I really have to wait the year to get this land theif off my property? thank you for your help