But if he has been sued by the neighbor, it is not for harassment. It is for the fence. He has to defend against that suit. Yes, he has a potential counter claim of harassment, but defending against the neighbor's suit is primary in my opinion.
I agree. It is more than a little bit absurd. I suspect that the judge is going to expect the neighbor to produce a survey to prove his point. However, we aren't experts on the issue and I do believe our OP needs to be guided by a real estate attorney to defend against the suit.
Update : After spending 4 hours calling literally 20+ lawyers I only had 2 call back. The 2 that called back asked to see a copy of the summons which I scanned and emailed to them and neither one of them called me back the following day like they said they would.
Homeowners insurance, huh? Interesting. I hope your insurer is able to help although I don’t see how they can.
I thought exactly the same thing but I was pretty frustrated after not hearing back from lawyers and was willing to try anything. within an hour of talking to them, sending them the summons and text messages they called me back and said it was sent to their legal department and they would handle it for me. My agent told me any time I'm sent a summons or somebody is taking legal action against me I need to call them first. I'm sure there will be some kind of a charge or deductible, but at this point I really don't care. I bought this property to enjoy, not to have to deal with some idiot that won't get a survey done over a fence for 7 years.
You are absolutely right.... But the neighbor wanted the fence, Not me. I could care less if there's a fence there or not. I even offered to pay half of having a survey done for a fence "he wanted". I looked into getting a survey done to just be done with this crap but donating $3500 to a neighbor just to shut him up about a fence "he wanted" was not something I was interested in doing. On the other hand if I was in his position and I wanted a fence installed I would have got a survey done, put the fence in on my side of the property and would have been done with it 7 years ago.
Are you sure the neighbor just wants a fence, or, a fence and some of your land? This whole thing seems very odd.
I agree this seems odd.
I wish I had an answer to that, but I don't. I have a few thoughts, Maybe he
It sure sounds like he is hoping you will pay for everything, with a lawsuit perhaps trying to intimidate you into paying before it gets to court. I honestly don’t see what he expects from court. The law on fences essentially says both parties must pay their share.
I wish I could post the texts between me and this neighbor but I don't think I should until it's over and done with. If you think the info I posted seems odd, if you were to read the texts between myself and this neighbor you would probably think this neighbor should be committed.
I already went through that with him. He asked me if we could build a fence between our properties. I didn't care if there was a fence there or not so to be nice I said yes. We agreed on a property line because we couldn't find the property pins, I paid for all of the materials even though he started making excuses not to pay 2 weeks before I bought the materials. He was supposed to help put the fence in but when it came time to start putting posts in he never showed up and didn't answer his phone ( claimed his phone died ). I dug the holes and put the posts and 2x4 rails in after they were in ( and his phone came back to life ) he messaged me and said the fence looked crooked and he no longer agreed on the property line we previously agreed on. I had enough of this neighbor so I removed the posts and 2x4's and told him we needed to get a survey done to avoid any future issues with the property line before we put a fence in.... Little did I know that 7 years later we would still be dealing with property line issues.
