Neighbor suing over property line

[boiseguy2]

I live in Boise Idaho. I have a property I bought in 2015 that I don't live at the property but I have a hobby shop there and store my toys there. My back neighbor approached me in 2016 about building a fence between our properties. I didn't care if there was a fence there or not but to be nice I agreed to put a fence in. We both agreed to pay for half of the materials and both of us would build the fence.

We couldn't find the property line pins so we both met at the back of our properties so we could figure out where the property line is. The property line is simple to figure out because of the way it was sub divided. We both agreed on a property line marked it with wood stakes and ran a string line between the stakes to show where the fence would be.

2 weeks before we planned to build the fence the neighbor started making excuses not to pay for it. He had to send his kids on a trip, had a medical emergency and was "tapped out". I pretty much knew that he wasn't going to pay his half but I already bought and paid for the materials and the fence build plan was already in motion so it was going to get built.

on the day we planned on digging the holes and putting the posts in the neighbor didn't show up so me and my son dug the holes, put the posts in and installed the 2x4 stringers on the property line we both agreed on. Keep in mind, he wanted this fence not me. The neighbor texted me that evening and said some of the posts were crooked. I thought maybe an animal or something hit the posts and moved them. I told him to just go out there and pull on the post to break the still wet concrete to make it easier to take the posts out and straighten them. The neighbor replied saying he had a busy life and didn't think he should have to do that. I went over there and looked at the posts and they were perfectly straight, perfectly in line and dead on the property line we agreed on. I messaged him and asked him to come out to show me what he was talking about and he said he couldn't he then said the property line that we agreed on was off. I had had about enough of this neighbor at this point so I pulled all of the 2x4 stringers off the fence and pulled all of the posts out of the ground. I messaged him to tell him what I did and told him we would need to get a survey done to be sure the property line was accurate which he did not want to do.

I met with him again in 2017 after he messaged me about building a fence again. We measured our properties together, I showed him the assessor's maps but we could not agree on the property line. I told him that we needed to get a survey done before a fence could be built so we didn't have any future problems over the property line, which the neighbor said he refused to do.

For the next 4 years he would message at about the same time every year ( mid February to March ) he would start bothering me about the fence. Which I always replied "get a survey done before you build a fence". In 2023 the neighbor messaged me again about building a fence which again I replied repeatedly " get a survey done before you build a fence". The neighbor replied that he was not going to get a survey done and he was going to build a fence. I parked equipment right up to what I believe is the property line to keep him from building a fence where he thinks the property line is which is 8 feet on my side of the property line.

This year (2024) the neighbor started messaging me about the fence once again at the same time. This time he was threatening me with law suits, lawyers and going the "legal route" which I repeatedly replied "get it surveyed" I finally had enough and told him to stop contacting me or I would have him charged with harassment by use of electronic device. The neighbor did message me again threatening to have me served.

On Friday March 15th I was served with paperwork from a lawyer saying the neighbor was suing me for $2,500 because I "removed or covered boundary line markings" How can I remove or cover something that I have never seen? If the property "markings" could have been found in 2016 I wouldn't have had to deal with this neighbor for the last 7 years over this fence.

If I wanted a fence as bad as he apparently does I would have had my property surveyed and put the fence in 7 years ago but for some reason he just will not get a survey done, Maybe it's more fun for him to continue harassing me. 95% of our conversations were by text which I have downloaded and have them in email or printable format.

I plan on finding a lawyer on Monday to help me with this. Should I look for a real estate lawyer? or is a different kind of lawyer? Does anybody have any input on this so I don't stress about it all weekend ? Do I have anything to be concerned about ?

 

[quincy]

I live in Boise Idaho. I have a property I bought in 2015 that I don't live at the property but I have a hobby shop there and store my toys there. My back neighbor approached me in 2016 about building a fence between our properties. I didn't care if there was a fence there or not but to be nice I agreed to put a fence in. We both agreed to pay for half of the materials and both of us would build the fence.

We couldn't find the property line pins so we both met at the back of our properties so we could figure out where the property line is. The property line is simple to figure out because of the way it was sub divided. We both agreed on a property line marked it with wood stakes and ran a string line between the stakes to show where the fence would be.

2 weeks before we planned to build the fence the neighbor started making excuses not to pay for it. He had to send his kids on a trip, had a medical emergency and was "tapped out". I pretty much knew that he wasn't going to pay his half but I already bought and paid for the materials and the fence build plan was already in motion so it was going to get built.

on the day we planned on digging the holes and putting the posts in the neighbor didn't show up so me and my son dug the holes, put the posts in and installed the 2x4 stringers on the property line we both agreed on. Keep in mind, he wanted this fence not me. The neighbor texted me that evening and said some of the posts were crooked. I thought maybe an animal or something hit the posts and moved them. I told him to just go out there and pull on the post to break the still wet concrete to make it easier to take the posts out and straighten them. The neighbor replied saying he had a busy life and didn't think he should have to do that. I went over there and looked at the posts and they were perfectly straight, perfectly in line and dead on the property line we agreed on. I messaged him and asked him to come out to show me what he was talking about and he said he couldn't he then said the property line that we agreed on was off. I had had about enough of this neighbor at this point so I pulled all of the 2x4 stringers off the fence and pulled all of the posts out of the ground. I messaged him to tell him what I did and told him we would need to get a survey done to be sure the property line was accurate which he did not want to do.

I met with him again in 2017 after he messaged me about building a fence again. We measured our properties together, I showed him the assessor's maps but we could not agree on the property line. I told him that we needed to get a survey done before a fence could be built so we didn't have any future problems over the property line, which the neighbor said he refused to do.

For the next 4 years he would message at about the same time every year ( mid February to March ) he would start bothering me about the fence. Which I always replied "get a survey done before you build a fence". In 2023 the neighbor messaged me again about building a fence which again I replied repeatedly " get a survey done before you build a fence". The neighbor replied that he was not going to get a survey done and he was going to build a fence. I parked equipment right up to what I believe is the property line to keep him from building a fence where he thinks the property line is which is 8 feet on my side of the property line.

This year (2024) the neighbor started messaging me about the fence once again at the same time. This time he was threatening me with law suits, lawyers and going the "legal route" which I repeatedly replied "get it surveyed" I finally had enough and told him to stop contacting me or I would have him charged with harassment by use of electronic device. The neighbor did message me again threatening to have me served.

On Friday March 15th I was served with paperwork from a lawyer saying the neighbor was suing me for $2,500 because I "removed or covered boundary line markings" How can I remove or cover something that I have never seen? If the property "markings" could have been found in 2016 I wouldn't have had to deal with this neighbor for the last 7 years over this fence.

If I wanted a fence as bad as he apparently does I would have had my property surveyed and put the fence in 7 years ago but for some reason he just will not get a survey done, Maybe it's more fun for him to continue harassing me. 95% of our conversations were by text which I have downloaded and have them in email or printable format.

I plan on finding a lawyer on Monday to help me with this. Should I look for a real estate lawyer? or is a different kind of lawyer? Does anybody have any input on this so I don't stress about it all weekend ? Do I have anything to be concerned about ?

You don’t necessarily need a real estate lawyer but you should ask any attorney you see on Monday about filing a counterclaim. Explain to the lawyer about the continuous harassment.

Your neighbor cannot force you to install a fence.

 

[LdiJ]

I personally think it would be better to hire a real estate attorney. I agree that it may not be necessary, but I don't think its going to save you any money not to hire one who is an expert in real estate, and it may save you money to hire one that is. The less research the attorney has to do the less it should cost you.

 

[quincy]

I personally think it would be better to hire a real estate attorney. I agree that it may not be necessary, but I don't think its going to save you any money not to hire one who is an expert in real estate, and it may save you money to hire one that is. The less research the attorney has to do the less it should cost you.

It could depend on what you see as the major issue, installing a fence or harassment over not installing a fence without first having a survey. I think harassment is the major issue.

 

[adjusterjack]

On Friday March 15th I was served with paperwork from a lawyer saying the neighbor was suing me for $2,500

What paperwork?

Unless you got served a summons and complaint from a court, you aren't being sued for anything.

$2500 is small claims territory. In Idaho you cannot have a lawyer represent you in small claims court.

Whatever you got from the lawyer, take another look and tell us exactly what it is that you got and don't waste your money on a lawyer just yet.

 

[quincy]

Here is a link to Idaho’s Legal Aid Organization with information on Small Claims actions:

https://www.idaholegalaid.org/topics/2638/small-claims-action

Without evidence, the neighbor will have difficulty supporting his suit. It sounds mostly like the neighbor wants boiseguy2 to pay for the survey - and the fence - and thinks a lawsuit might be a good way to accomplish that goal.

 

[boiseguy2]

It could depend on what you see as the major issue, installing a fence or harassment over not installing a fence without first having a survey. I think harassment is the major issue.

The Harassment part of it is a major for multiple reasons

1. I am recovering from congestive heart failure which happened in October. When they tried to serve me papers at a rental I own the tenant called me and told me. The stress of it put me in Afib, when I was actually served again I didn't go into Afib but it definitely had my heart rate up.

2. The tenant at the rental property I mentioned above is actually a friend staying at a house we had empty because her husband passed away and people kept bothering her at her house. The second day she was at this house the process server showed up and bothered her. Even after being told that I didn't live there the process server showed up again a couple days later. The tenant called my wife as a friend crying over it because "people just wouldn't leave her alone" .

3. The neighbor has definitely ruined a few sunny spring days for me over this fence issue over the last 7 years.

I could really care less if the fence is built or not. What I don't want to happen is my kids have to deal with having a fence taken down and moved onto the actual property after it built and I leave the property to my kids.

 

[boiseguy2]

What paperwork?

Unless you got served a summons and complaint from a court, you aren't being sued for anything.

$2500 is small claims territory. In Idaho you cannot have a lawyer represent you in small claims court.

Whatever you got from the lawyer, take another look and tell us exactly what it is that you got and don't waste your money on a lawyer just yet.

I was served with a summons from the courts from an attorney it has a case number on and names both myself and my wife as defendants. I did check and the attorney named on the summons is an actual attorney in my area. I thought the $2500 amount was awful small and wondered how an attorney would even take the case. According to the summons the $2500 includes attorney fees as well. I'm taking this summons as just more harassment from this neighbor.

 

[boiseguy2]

Here is a link to Idaho’s Legal Aid Organization with information on Small Claims actions:

https://www.idaholegalaid.org/topics/2638/small-claims-action

Without evidence, the neighbor will have difficulty supporting his suit. It sounds mostly like the neighbor wants boiseguy2 to pay for the survey - and the fence - and thinks a lawsuit might be a good way to accomplish that goal.

I offered to pay for half of the survey at one point and all of the survey later on over the 7 years but he just won't get a survey done. I'm guessing that he thinks the surveyor won't be able to do a proper survey because his property is a completely un-maintained mess, He has an illegal pond in his backyard (according to another neighbor) and his house that is assessed as a 928 sqft 2 bed 1 bath house looks a heck of a lot bigger than that from the outside. Or maybe he thinks the surveyor will report him for those issues? I don't know honestly but like I said, If I wanted a fence I would have had it surveyed and the fence installed 7 years ago.

 

[boiseguy2]

I was served with a summons from the courts from an attorney it has a case number on and names both myself and my wife as defendants. I did check and the attorney named on the summons is an actual attorney in my area. I thought the $2500 amount was awful small and wondered how an attorney would even take the case. According to the summons the $2500 includes attorney fees as well. I'm taking this summons as just more harassment from this neighbor.

I'm sorry, The summons is from district court not small claims court

 

[quincy]

I was served with a summons from the courts from an attorney it has a case number on and names both myself and my wife as defendants. I did check and the attorney named on the summons is an actual attorney in my area. I thought the $2500 amount was awful small and wondered how an attorney would even take the case. According to the summons the $2500 includes attorney fees as well. I'm taking this summons as just more harassment from this neighbor.

When you speak to an attorney on Monday, you can go over with him how to file a counterclaim and discuss the other issues you are having with the neighbor.

Don’t miss the deadline to file an answer!

Your neighbor might not get the results from the court that he expects.

Here is a link to the “fence laws” in Idaho (click “next part of code” to read 35-103 to 35-305):
https://codes.findlaw.com/id/title-35-fences/id-st-sect-35-101/

The District Court handles civil claims over $10,000.

 

[boiseguy2]

When you speak to an attorney on Monday, you can go over with him how to file a counterclaim and discuss the other issues you are having with the neighbor.

Don’t miss the deadline to file an answer!

Your neighbor might not get the results from the court that he expects.

Here is a link to the “fence laws” in Idaho (click “next part of code” to read 35-103 to 35-305):
https://codes.findlaw.com/id/title-35-fences/id-st-sect-35-101/

The District Court handles civil claims over $10,000.

The deadline is a bit confusing. The paper says it was filed electronically on 2-28-24 I received the paper yesterday 3-15-2024. The paper says I need to respond within 21 days but I don't know if that's from the date it was filed, or the date I received it.

 

[quincy]

The deadline is a bit confusing. The paper says it was filed electronically on 2-28-24 I received the paper yesterday 3-15-2024. The paper says I need to respond within 21 days but I don't know if that's from the date it was filed, or the date I received it.

You have 21 days from the date of service to respond. Have your attorney on Monday check with the court to verify that the date of service is recorded as 3-15-2024.

 

[Litigator22]

I live in Boise Idaho. I have a property I bought in 2015 that I don't live at the property but I have a hobby shop there and store my toys there. My back neighbor approached me in 2016 about building a fence between our properties. I didn't care if there was a fence there or not but to be nice I agreed to put a fence in. We both agreed to pay for half of the materials and both of us would build the fence.

We couldn't find the property line pins so we both met at the back of our properties so we could figure out where the property line is. The property line is simple to figure out because of the way it was sub divided. We both agreed on a property line marked it with wood stakes and ran a string line between the stakes to show where the fence would be.

2 weeks before we planned to build the fence the neighbor started making excuses not to pay for it. He had to send his kids on a trip, had a medical emergency and was "tapped out". I pretty much knew that he wasn't going to pay his half but I already bought and paid for the materials and the fence build plan was already in motion so it was going to get built.

on the day we planned on digging the holes and putting the posts in the neighbor didn't show up so me and my son dug the holes, put the posts in and installed the 2x4 stringers on the property line we both agreed on. Keep in mind, he wanted this fence not me. The neighbor texted me that evening and said some of the posts were crooked. I thought maybe an animal or something hit the posts and moved them. I told him to just go out there and pull on the post to break the still wet concrete to make it easier to take the posts out and straighten them. The neighbor replied saying he had a busy life and didn't think he should have to do that. I went over there and looked at the posts and they were perfectly straight, perfectly in line and dead on the property line we agreed on. I messaged him and asked him to come out to show me what he was talking about and he said he couldn't he then said the property line that we agreed on was off. I had had about enough of this neighbor at this point so I pulled all of the 2x4 stringers off the fence and pulled all of the posts out of the ground. I messaged him to tell him what I did and told him we would need to get a survey done to be sure the property line was accurate which he did not want to do.

I met with him again in 2017 after he messaged me about building a fence again. We measured our properties together, I showed him the assessor's maps but we could not agree on the property line. I told him that we needed to get a survey done before a fence could be built so we didn't have any future problems over the property line, which the neighbor said he refused to do.

For the next 4 years he would message at about the same time every year ( mid February to March ) he would start bothering me about the fence. Which I always replied "get a survey done before you build a fence". In 2023 the neighbor messaged me again about building a fence which again I replied repeatedly " get a survey done before you build a fence". The neighbor replied that he was not going to get a survey done and he was going to build a fence. I parked equipment right up to what I believe is the property line to keep him from building a fence where he thinks the property line is which is 8 feet on my side of the property line.

This year (2024) the neighbor started messaging me about the fence once again at the same time. This time he was threatening me with law suits, lawyers and going the "legal route" which I repeatedly replied "get it surveyed" I finally had enough and told him to stop contacting me or I would have him charged with harassment by use of electronic device. The neighbor did message me again threatening to have me served.

On Friday March 15th I was served with paperwork from a lawyer saying the neighbor was suing me for $2,500 because I "removed or covered boundary line markings" How can I remove or cover something that I have never seen? If the property "markings" could have been found in 2016 I wouldn't have had to deal with this neighbor for the last 7 years over this fence.

If I wanted a fence as bad as he apparently does I would have had my property surveyed and put the fence in 7 years ago but for some reason he just will not get a survey done, Maybe it's more fun for him to continue harassing me. 95% of our conversations were by text which I have downloaded and have them in email or printable format.

I plan on finding a lawyer on Monday to help me with this. Should I look for a real estate lawyer? or is a different kind of lawyer? Does anybody have any input on this so I don't stress about it all weekend ? Do I have anything to be concerned about ?

Stop fussing over the "kind of lawyer to look for". In the first place you are not qualified to know what kind is needed.

There are scores of reputable law firms in your community any one of which will provide you with competent legal representation. All you need to do is to promptly call for a consultation and arrive with the "paperwork" in hand.

Incidentally, here is the Idaho Code Section from which the neighbor is making the demand:

Idaho Code 54-1234. MONUMENTATION — PENALTY AND LIABILITY FOR DEFACING.

If any person shall willfully deface, injure or remove any signal, monument or other object set as a permanent boundary survey marker, benchmark or point set in control surveys by agencies of the United States government or the state of Idaho or set by a professional land surveyor or an agent of the United States government or the state of Idaho, he shall forfeit a sum not exceeding one thousand five hundred dollars ($1,500) for each offense, and shall be liable for damages sustained by the affected parties in consequence of such defacing, injury or removal, to be recovered in a civil action in any court of competent jurisdiction.

 

[boiseguy2]

Stop fussing over the "kind of lawyer to look for". In the first place you are not qualified to know what kind is needed.

There are scores of reputable law firms in your community any one of which will provide you with competent legal representation. All you need to do is to promptly call for a consultation and arrive with the "paperwork" in hand.

Incidentally, here is the Idaho Code Section from which the neighbor is making the demand:

Idaho Code 54-1234. MONUMENTATION — PENALTY AND LIABILITY FOR DEFACING.

If any person shall willfully deface, injure or remove any signal, monument or other object set as a permanent boundary survey marker, benchmark or point set in control surveys by agencies of the United States government or the state of Idaho or set by a professional land surveyor or an agent of the United States government or the state of Idaho, he shall forfeit a sum not exceeding one thousand five hundred dollars ($1,500) for each offense, and shall be liable for damages sustained by the affected parties in consequence of such defacing, injury or removal, to be recovered in a civil action in any court of competent jurisdiction.

I wish there was some kind of marker that identified the property line. If there was some kind of marker I wouldn't have had to endure 7 years of this neighbors blather. When myself and the neighbor initially tried to find a property line we agreed on I rented a metal detector to try to find the pins with no luck, We dug down about 2 feet for about 6 or 7 feet in the area we thought the property pins should be, again with no luck. so if the pins were removed they were removed before I got there.

The property line is extremely simple. The property line runs in a perfectly straight line for over 2,000 feet but for some reason the neighbor thinks the property line is accurate on the south side of the property but angles west 8 feet on the north side of the property then heads back east 8 feet on the other side of the east west property line. That 8 foot angle would have made for an extremely crooked fence so I offered to give him 8 feet of my property so the fence would be straight which he didn't want to do because it would have put the irrigation head gate on his property. I now know that letting him have that 8 feet of property would have been a huge mistake so I'm glad he refused the offer.