Messy bondary issue

What is the name of your state? Massachusetts

We bought a house a little over two years ago. The neighboring property is a horse farm -- boarding and lessons. When we bought the place we were required to honor the existing lease of the ~1/2 acre of land between us and the horse farm that was being use as paddock. When that lease was up (there was no paperwork for the lease) six months after we moved in, we renegotiated the lease, increasing the yearly rent to $700. The owner of the horse farm declined to renew the lease and after several weeks moved her fence from that paddock.

Shortly after that we were informed by neighbors that the outer fence of the remaining paddock is still substantially on our property and that the previous owner of the horse farm and the previous owner of our property were in the process of legal action over it before the owner of our property passed away. Although we had the survery from our purchase, we had the survey of that border done again just to be sure the fence was in the wrong place. Sure enough, about 30 feet of her paddock are on our property.

Our concern is that, especially since she runs a business there and has kids and adults on the property quite frequently, someone is going to get hurt by a horse or the electric fence on our property and end up suing us for it.

We have tried to reach a compromise with the horse farm owner, but she is extremely uncooperative (although she volunteered to the surveyer who was surveying the property for our purchase two years ago that she knew the fence was not on her property!). We've offered to sell her the strip of land, to pay part of the cost of moving her fence, etc. but her response to each of those was a nasty note or voicemail to our lawyer stating that the fence was on the border (we sent her a copy of our survey, though). We don't really want to take this to court, and we're a little concerned that we will run up against an adverse posession claim (she's currently in land court with the neighbor on the other side claiming adverse posession of a piece of property on that side) that'll end up costing us big legal fees. We're not even especially interested in getting the property back -- we just want to be protected from a lawsuit if someone gets hurt.

Any suggestions on what we could do?

You have little choice in the matter but to go to the links up top and locate a real estate atty who can review your documents and tell her exactly what you are going to be able to do to her legally if she doesnt remove that fance and get it off your land . If she sees that you are willing to deal with a atty then . Any idea she had of adverse possession of your land went down the toilet when you bought the place and she may indeed take it more seriously when she hears from your atty . YOU said you arent even concerned if you get the land back , well you ought to be , you have every reason to be afraid of being named in a civil suit if something happens to a 3rd party on your property . yes it may cost some money but you know if she caves in when she hears from your atty thats still alot cheaper than if you are named in a suit because of a injury .

Send her a CERTIFIED (RRR) letter demanding she remove the fence within two calendar weeks or you will sue for the cost to have it removed.

She can't do a damn thing regarding adverse possession since being a tenent she had no right of ownership and once the lease was terminated the fence became an offending structure.

If she doesn't remove the fence, then sue her ass.

FarmerJ said:

YOU said you arent even concerned if you get the land back , well you ought to be , you have every reason to be afraid of being named in a civil suit if something happens to a 3rd party on your property . yes it may cost some money but you know if she caves in when she hears from your atty thats still alot cheaper than if you are named in a suit because of a injury .

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Thanks for the reply!

The 3ed party suit is what we are concerned about. We've already tried the letter from the attorney. She replied via voicemail to him that the fence was on her property. She has delayed further by having her own survey done, which, we just found out today, agrees with our survey that her fence and part of her paddock is on our property. So basically the letter of threat to sue her didn't work and we are trying to figure out if we have an other (hopefully cheaper) options but to sue her. Any advice on what to do from here?

BelizeBreeze said:

Send her a CERTIFIED (RRR) letter demanding she remove the fence within two calendar weeks or you will sue for the cost to have it removed.

She can't do a damn thing regarding adverse possession since being a tenent she had no right of ownership and once the lease was terminated the fence became an offending structure.

If she doesn't remove the fence, then sue her ass.

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Thanks for the reply!

This is where we're stuck. She's already been sent the ultimatum and declined to act (except to have her own survey done). What we're wondering now is that given that she, as of today, has her own survey showing the fence is not on her property should we send one more letter or just go ahead with legal proceedings?

Solely based on advice from previous threads (some one please correct me if I'm wrong) that portion of fence belongs to you. You can do with it what you please, including move or remove portion on your property.

Then sue her for the cost of removing said fencing.

formongo said:

Thanks for the reply!

This is where we're stuck. She's already been sent the ultimatum and declined to act (except to have her own survey done). What we're wondering now is that given that she, as of today, has her own survey showing the fence is not on her property should we send one more letter or just go ahead with legal proceedings?

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Advise your attorney that you are ready to proceed with a civil suit against the owner for expenses in moving the fence, legal fees and court costs.

Then, when it's all done, take one of the little piles that will be left behind, and chuck it hard upside her head.