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preemtive strike against litigation

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bluemiss2

Guest
What is the name of your state? Iowa

I am having problems with a stubborn neighbor - his fence on my easement problem. He has gone fence happy and made a mess on my property. He knows now that he has made a mistake and is selling his house instead of fixing it! I have some questions surrounding this problem that I would like to get answered before filing a claim.

1. If he moves before I get everything settled, what are the possible outcomes - are there any loopholes for him to slip through, avoiding his obligation to fix his mess?

2. His fence is on my easement. Am I allowed to take it down, haul it away and file my claim, or will he be ordered to do it later because it is technically on his property?

3. What information will I have to take to court (as far as land surveys) to prove that his fence is encroaching? Also, can I be reimbursed for the cost of the survey?

4. Do lot lines in residential areas start at the curb or at the inside of the sidewalk?

Lindsay
 


HomeGuru

Senior Member
bluemiss2 said:
What is the name of your state? Iowa

I am having problems with a stubborn neighbor - his fence on my easement problem. He has gone fence happy and made a mess on my property. He knows now that he has made a mistake and is selling his house instead of fixing it! I have some questions surrounding this problem that I would like to get answered before filing a claim.

1. If he moves before I get everything settled, what are the possible outcomes - are there any loopholes for him to slip through, avoiding his obligation to fix his mess?

2. His fence is on my easement. Am I allowed to take it down, haul it away and file my claim, or will he be ordered to do it later because it is technically on his property?

3. What information will I have to take to court (as far as land surveys) to prove that his fence is encroaching? Also, can I be reimbursed for the cost of the survey?

4. Do lot lines in residential areas start at the curb or at the inside of the sidewalk?

Lindsay
**A: and what did your attorney tell you?
 

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