Removal of Encroachments

[nomeansno]

What is the name of your state? Colorado

After many battles we are finally able to put up our fence, however... when we sent the court ordered notice of intent to build their response led us to believe that they will still refuse to move their fence.

There have been at least five surveys, and two court orders regarding the location of said fence, everyone knows exactly where it should go. They have refused to comply with everything else up to this point, and have already informed us that they will not move it more than 1", survey line is 6".

They have been informed that anything left encroaching upon the property line will be removed at the time the fence is to be constructed. They have been given three weeks notice to do so as the court order required as well.


Do we have the right to remove their fence if they still refuse? Or do we have to file yet another paper with the court to force them to comply?

 

[danno6925]

If a judge has already sided with you on the location of the property line, the items in question definitely lie on your side of said property line, and you've got a court order stating the neighbor has to move the encroaching items - why wait?

Send them a letter CRRR and state that no later than 10 days from the receipt of the letter he is holding the encroachments will be removed, and he will be billed for any costs you incur - Check with your attorney to be sure you can bill him before you tell him so - wait until that timeframe elapses - Then bulldoze the sucker (the fence, not the neighbor) Should he keep playing games, just sue him in small claims court for the amount is takes to remove his fence from your property.


Anything on your property is generally yours to do as you please with (within the law of course). If it is abundantly made cleat that this neighbor is simply not going to budge an inch (or six, as it were) you will need to use the court order to force his move. Keep a camera handy to get the look on his face when he sees the bulldozer.

 

[nomeansno]

They did have 23 days notice that the fence would be beginning tomorrow, the court only asked for 20. They were notified that anything crossing that line would need to be removed (they were supposed to remove their trees but now refuse saying that it is our responsibility) we will be happy to remove obstructions for them as per ther request.

They have not yet obtained a permit for their fence, but they did notify the Town that we had no right to complain about the stench of their kennel. According to two in depth paragraphs outlining the reasons her dog kennel could not possibly stink despite the three foot deep pile of dog feces in the center... all we got is another letter clarifying the fact that her poop doesn't stink.

Well she did threaten to sue us again, but since it's the 13th time we probably wont be holding our breath waiting o hear from her attorney this time. She has threatened so many times it's almost a permanat part of her signature line.

Wish us luck...