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survey boundary lines

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Modchick

Junior Member
What is the name of your state? Indiana
My neighbor put a fence on my property.The lawyer said it would take thousands of dollars to fight a case in court. Seems like alot of money for me to be paying out,since I haven't took anything. Can I just take down the fence? I don't want to spend thousands on something I can take care of myself? The survey has been done. The fence is clearly on my property.What is the name of your state?
 


seniorjudge

Senior Member
Modchick said:
What is the name of your state? Indiana
My neighbor put a fence on my property.The lawyer said it would take thousands of dollars to fight a case in court. Seems like alot of money for me to be paying out,since I haven't took anything. Can I just take down the fence? I don't want to spend thousands on something I can take care of myself? The survey has been done. The fence is clearly on my property.What is the name of your state?
If the survey clearly shows that the fence is on your line and the surveyor has given you a written statement that he will appear in court and testify for you that the fence is plainly and obviously on your line, then tear it down.

But expect consequences, such as (for example) a lawsuit by the fence owner for damages to his fence.
 

lwpat

Senior Member
Send the neighbor a written request to move the fence and give him a reasonable time to comply like ten days. Send it CRRR so you have a record or better yet, have your attorney send it. If he does not comply, tear it down.
 

Modchick

Junior Member
We removed the fence that was on our property. We have been working on getting out the debrie. Leaves, straw and small trees. This was all used to block the rain water. We are the high property, they are the low. The neighbor also blocked all the drain tiles that are on his property so our water can not flow through. He has now unblocked them. But what was left behind was damage to the property. Can I sue him for the damages. Thanks for the advice.
 
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seniorjudge

Senior Member
Modchick said:
We removed the fence that was on our property. We have been working on getting out the debrie. Leaves, straw and small trees. This was all used to block the rain water. We are the high property, they are the low. The neighbor also blocked all the drain tiles that are on his property so our water can not flow through. He has now unblocked them. But what was left behind was damage to the property. Can I sue him for the damages. Thanks for the advice.
Yes, you can sue for actual and direct damages. Also, since this MAY be considered an intentional tort of trespass (depending on the facts) there could be punitive damages also.
 

Modchick

Junior Member
This neighbor is building a fence on his own property now. Wish is fine. But how can I stop him from puting all the debris against the fence once again to stop the natural flow of the rain water? Thanks you :(
 

Indiana Filer

Senior Member
MajorHart said:
About a year ago..
MajorHart, please delete your above post and start a thread of your own. Leapfrogging onto someone else's thread is known as hijacking, and will result in you not getting answers from the experts.
 

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