Boundary dispute

[bmorgan]

What is the name of your state? Alabama

My demented neighbor has knowingly built a flowerbed on and moved his mailbox to my property. I disputed his claim to the land immmediately (in front of a witness) but let the issue slide, except for the occasional passing remark, for several years. I am in the process of selling my house and would like this cleared up for the next owner.

Lately, we have had several heated conversations and I have put two letters in his mailbox stating that he should prove his case or move his stuff. His lawyer has responded twice on the phone and twice by mail but he will not produce a survey or any other proof. The neighbor claims his survey "was lost in the tornado". I couldn't make that up.

My plan is to rent a Bobcat and scrape the whole mess off my land and onto his. Have I done enough to justify this?

Thanks

 

[HomeGuru]

What is the name of your state? Alabama

My demented neighbor has knowingly built a flowerbed on and moved his mailbox to my property. I disputed his claim to the land immmediately (in front of a witness) but let the issue slide, except for the occasional passing remark, for several years. I am in the process of selling my house and would like this cleared up for the next owner.

Lately, we have had several heated conversations and I have put two letters in his mailbox stating that he should prove his case or move his stuff. His lawyer has responded twice on the phone and twice by mail but he will not produce a survey or any other proof. The neighbor claims his survey "was lost in the tornado". I couldn't make that up.

My plan is to rent a Bobcat and scrape the whole mess off my land and onto his. Have I done enough to justify this?

Thanks

**A: if you have a recent survey as proof that his mailbox is on your land, then by all means dig it up and dump it back onto his property. do it though when the mailbox is empty. Don't want him to lose his bills now.

 

[bmorgan]

Next step?

I finally returned my neighbor's unrequested additions to his lot. Two days later he had put his mailbox back up on my property. Although I enjoyed removing it (again), I'm not sure this activity will retain its flavor for long. Any suggestions?

 

[I AM ALWAYS LIABLE]

My response:

Dig it up, remove it, and this time, don't give it back to him. Let him prove that you stole it.

Either that, or shoot the idiot.

IAAL

 

[jimmler]

Survey

Do you have a current boundary survey, or have you had a boundary survey done in the past, and still can find the corners that were set?

If you do not, I would suggest hiring a licensed surveyor in your state to stake out your exact property lines. The surveyor could also locate the improvements that have been made to the property, and show them on a drawing with the property lines. That way there is no question as to the actual boundary line location in relation to the improvements.

As for removing your neighbors improvements to the land, I would contact a local attorney for advice.

 

[bmorgan]

Survey

I have the survey from my purchase of the house and one from a remortgage a few years ago. Both clearly show that he is 30 feet over the line. In fact, the stake for the disputed corner is under his driveway which was poured while my house was being constructed (before I was involved). The bottom line is that he is bitter that someone built, on what had been a vacant lot for several years, next to him. I wonder how this helps ease his pain.

I am trying to avoid legal fees.

 

[jimmler]

survey

It is good that you know where your property lines are, but too bad that your neighbor is such a jerk. I wish I knew what to tell you.

Good Luck!

 

[HomeGuru]

To the writer: sometimes you are forced to hire an attorney.