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Neighbor removed boundary marker

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edmund_o

Junior Member
Harris County, GA
My neighbor has been and issue from day one. The very first day I met my neighbor was the July of 2008. He was overly friendly and slightly pushy about wanting to use my land like he done with the previous owner. After telling the previous owner of the neighbor’s weird behavior, he warned me of the land violations and hostile nature of the neighbor while he was living there. This hostile nature rises in the neighbor when he does not get his way, in other words he is a bully.
The first event of conflict was when I choose to finish a privacy fence the previous owner put up( around labor day). I knew that the neighbor had a small child and another one on the way. Since I own five horses I wanted to maintain safety at all times. To eliminate an issue, I located the property corners, in which I found and photographed all of them expect one. The closest pin to his house and I didn’t locate it at first glance. There was an old cattle fence maintaining the property line already so I followed that as a guide line and replace it with the continued privacy fence. The neighbor saw me looking for the rebar corner and said that he had never seen it. He pointed that it must be under the concrete that the corner post was in. I knew that was not true because a land surveyor had located it a year before (the concrete had been there for at more than five years). (I once was a surveyor team chief) So I came back with my metal detector and found the rebar marker nearly a 1 ½ closer to neighbor’s side. The rebar was pounded below the surface at least four inches. I knew he would not be happy about this. Marked the rebar with paint and flagged it with surveyor’s tape.
I put the fence up with friends from work I briefly explained the situation, they helped knowing that the neighbor was a bully that if I alone he would cause issues as he did with the previous owner. During the fencing building, the only comments from him were, “that is would raise his property value”. Shortly after the construction of five hundred feet of fence was complete the resulting problems started. (So much for fences makes good neighbors, Robert Frost)
Within a month of the fence being complete the neighbor started putting a shelter up for his “hay”. During the construction of this shelter his worker stood on my 6 feet tall fence to hammer in nails into the rafters. The shelter was less than 16 inches away from my fence. My wife and I yelled at his worker to get off the fence and he complied, but in ten minutes he was right back on there. We called the sheriff department and filled a report. The building inspector was contacted and he filed a claim against him for building too close the property line. After a lengthy court case they ruled in his favor, since his building quote… “was a type of structure was not covered in the zoning laws”. So the structure/ shelter stayed and when it rains, his shelter allows the rain water to pour over my fence which is causing damages to my land as a runoff. During the dispute with the shelter the neighbor kicked the property corners in toward my side the property. I noticed this when I went to photograph the worker standing on my fence, the neighbor in question also in plain view said “this is the way you wanted this is the way it’s going to be”. When I asked what that meant he said you should have thought about that before you chose to go this way. That’s when I noticed the property corners again one was taken completely out and the other kicked in nearly two inches. I called the sheriff and report the violation. Once again with little results, the same quote “you have to go to civil court this is a civil matter. Which I do not understand it was not a criminal act, he stole a marker of my property.
 


The Dude

Member
I'm not an attorney, but in my personal experience, you're not usually allowed to divert water from one parcel to another without permission.
 

edmund_o

Junior Member
Is stealing a property marker a criminal matter?

I guess that is my real question? If remove any other object off someone's land is a criminal act of theft, than why are they telling me that this a civil matter? The marker was removed from the neighbor's side of the fence I could not reach my own boundary marker to remove it. Impossible from my side.

Why doesn't the law see this a criminal act?
 

The Dude

Member
I guess that is my real question? If remove any other object off someone's land is a criminal act of theft, than why are they telling me that this a civil matter? The marker was removed from the neighbor's side of the fence I could not reach my own boundary marker to remove it. Impossible from my side.

Why doesn't the law see this a criminal act?
Again, since I'm not an attorney, my guess is that the property marker doesn't have any real monetary or other intrinsic value, so that the theft of such a "worthless" item wouldn't interest the police. I guess they're calling it a civil issue for two reasons. One, is that they don't want to deal with what they consider to be a trivial theft. Two, is that they see the property marker's real significance as what it represents. That means, they see you having a property line dispute of some nature and tell you to settle it in civil court. JMO.
 

csi7

Senior Member
The water coming off the building that is too close to the property line is an area to work with. Engineering department is one suggestion, and keep track of who you talk to when.

Due to the fact that the previous owner of the property had issues with this neighbor, and the exception that was made for his building to continue to stand as close to the property line as it is, means that code enforcement may not be happening.

Do not give up.
 

edmund_o

Junior Member
No worry will not give up- security camera

Ok, I have another thread for the same neighbor and same property , "Firing a weapon in a threating manner".

We are workign both issues, I am going to have to hire a surveyor to replace the corner. I want to place a security camers in , but my wife doe s not want the expense or to spend the time reveiwing DVR recordings after another event happens.

Would it be worth it post after a another event to prove who did it? Would it stand up in court? The do it yourself cameras are $700 to cover the are i need, but is it worth it?
 

The Dude

Member
Ok, I have another thread for the same neighbor and same property , "Firing a weapon in a threating manner".

We are workign both issues, I am going to have to hire a surveyor to replace the corner. I want to place a security camers in , but my wife doe s not want the expense or to spend the time reveiwing DVR recordings after another event happens.

Would it be worth it post after a another event to prove who did it? Would it stand up in court? The do it yourself cameras are $700 to cover the are i need, but is it worth it?
I knew a guy who rigged up a video camera to a computer and controlled it with a motion sensor. He caught someone doing something to his house (stealing firewood or something like that). He was somewhat of a tech wiz and also set it up so he would get an e-mail any time the motion sensor went off. Anyway, something to think about and it might make it easier to monitor your property dispute and catch the SOB in the act. You could get him to deny he did anything and then pull a Nikita Kruschev on him... :D
 

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