Fence built entirely on my property by neighbor

[MISTBHAVEN]

What is the name of your state? Washington.
Advice please. I own a small rental house Today I see the neighbor built a fence the entire length of the front yard about 75 feet in length 6 foot tall fence. Completely on my property. Her side is all cement so she is 18 inches at least on my side. It has been there about 6 weeks. it is a good neighbor fence being the same on both sides. I think it is ugly. So do I make her move it on to her concrete Or should I just tear it down as it is on my property. Or have her sign something to the effect it is on my land which she admits. I do not want to give this strip away my lot is only 44 feet wide. She claims to have obtained a permit. I am also just amazed she did not talk to me about it which is neither here or there . Also is there a department I should call to file a complaint. Any advice is really appriciated.

 

[Just Blue]

bump****************************..

 

[lwpat]

Or have her sign something to the effect it is on my land which she admits.

It is really up to you. You can ask her to remove the fence, write her a demand letter, or give her permission. We can't make up your mind for you.

 

[BelizeBreeze]

But, until a court gives you permission in the form of a finding that the fence is entirely on your property and the neighbor does not or will not remedy the situation, DO NOT TOUCH it.

 

[MISTBHAVEN]

My only course of action seems

The court said the permit was 1 year old for a 4 foot chain link fence. They pointed out the acessors office will raise my property tax because of the fence, And I could be fined for not having a permit. The person that built it agrees it is entirely on my land. Which has a recorded survey. So I guess my path is send a CRRR letter stateing move it or tear it down.

 

[jimmler]

The court said the permit was 1 year old for a 4 foot chain link fence. They pointed out the acessors office will raise my property tax because of the fence, And I could be fined for not having a permit. The person that built it agrees it is entirely on my land. Which has a recorded survey. So I guess my path is send a CRRR letter stateing move it or tear it down.

Did you have a boundary survey done on the property by a licensed surveyor and have the corners set, and are they still visible (on the other side of the fence)? If you go to court, you will need this to prove the fence is on your property. It would not hurt to get a surveyor to locate the fence and show it on a drawing of the boundary, so you can see if it is on your property, and how far. The original surveyor would be able to do this, and would most likely be a little lower price wise, because they have already done some of the work.

Good luck,
jimmler
I am not a lawyer, I have been in surveying since 1989.

 

[MISTBHAVEN]

Here is what the attorney told me to do Washington state

I spoke to a attorney and was told to send a crrr letter to the fence builder/neighbor. Stateing as she has aknowledged the fence is on my property and give her 10 days to remove it. To keep a copy of this letter. After 10 days for me to take it down in sections and place on her land. I asked if I needed a court order first and she said no.
Anyway I will phone the neighbor tomorrow and tell her this will be the course I will follow.Hopefully she will get it moved without my having to. Thankyou for all the help you guys are great

 

[MISTBHAVEN]

Now I am totally confused HELP

I called county records to get a copy of the survey. And was told it was recorded in 1910 for the original sub division and proubly not much good. So I called a surveyor,There have been no other surveys in the area there for it will cost me 2,400. to survey and record.I then called the attorney who said yes I should get the survey.
What really gets me is I was also told I cannot recoup any of this cost from the neighbor. and if litigated it will cost me around 6,000.
I have owned and maintained this land in question since 1998. The neighbor bought her adjoing lot two years ago. Now remember she did agree the fence was on my land and now says prove it. Why do I have to prove it at my expense ??? Can anyone trespass build a fence and you are stuck proving what is yours??? This seems so unfair. Is there any way if the survey proves I am right too make her pay some of the expense???
If I do nothing she could move this fence to the middle of my property . Or should I tear it down and let her prove the property line and sue me? Also what if I paint one side ? I am really mad here and she is so SMUG saying prove it.

 

[MISTBHAVEN]

UP date and question of harrassment

I hired a surveyor who marked the boundries recorded the survey and provided a detailed map showing the fence is entirely on my property. Now can I tear it down?
Today the neighbor phoned at 7am stateing she will comply only if I provide her with the survey and have a attorney send her a letter. She went on to inform me my tree is encroaching on her land and demanded I trim the branches. I responded if they are on your side of the property line it is your responsibility to trim them. She said shes calling a attorney. which is fine with me . She has previously phoned calling me names . is this harrassment and if so what can I do to stop it ? I hate wasteing police time. Also I have learned the neighbors house is titled to her and her husband they are in a divorce battle. Should I contact him ? He does not reside there.
Thank you

 

[adversity]

Another four second response. You get what you pay for.

"But, until a court gives you permission in the form of a finding that the fence is entirely on your property and the neighbor does not or will not remedy the situation, DO NOT TOUCH it."


So, you are saying a person can take over your property and a person has no choice other than to hire an attorney, [$$$$$], wait many months for a court schedule, and all of that.
You are in conflict with what many have posted here in a situation such as this. But, with 19,000 plus responses you probably can't give every question you address much consideration.

Going, on a bit, some say take it to small claims. [there are lots of jurisdictions that do not have a small claims courts and have judges that look down on filers without an attorney.]
Now, some of you heavy posters say, get a current survey, etc. in addition to all of this.
Again, [$$$$].

I would find a better source of advice if I received the curt answer that this Senior Poster responded with. But, this poster has a reputation of shooting from the hip.

Personally, I go with what many responders have suggested if the trespasser doesn't listen to reason. Send him/her a certified letter with what you intend to do, then do it if you have to push the fence off your property onto his. All of this assumes you feel confortable that the fence is on your property. Life is a risk, it's cheaper to take a few chances or you'll never get anything done.

 

[MISTBHAVEN]

Well said

"But, until a court gives you permission in the form of a finding that the fence is entirely on your property and the neighbor does not or will not remedy the situation, DO NOT TOUCH it." This whole thing is frustrating If I tore it down would she have to prove it was hers ?


So, you are saying a person can take over your property and a person has no choice other than to hire an attorney, [$$$$$], wait many months for a court schedule, and all of that.
You are in conflict with what many have posted here in a situation such as this. But, with 19,000 plus responses you probably can't give every question you address much consideration. The law allows exactly this Yes the surveyor cost me 2,000.00 Yes the attorney is costing me $$$ for the fence the neighbor built on my land.

Going, on a bit, some say take it to small claims. [there are lots of jurisdictions that do not have a small claims courts and have judges that look down on filers without an attorney.]
Now, some of you heavy posters say, get a current survey, etc. in addition to all of this.
Again, [$$$$]. We have small claims here but I cannot recoup $$$ spent to prove its on my land or attorney cost

I would find a better source of advice if I received the curt answer that this Senior Poster responded with. But, this poster has a reputation of shooting from the hip.

Personally, I go with what many responders have suggested if the trespasser doesn't listen to reason. Send him/her a certified letter with what you intend to do, then do it if you have to push the fence off your property onto his. All of this assumes you feel confortable that the fence is on your property. Life is a risk, it's cheaper to take a few chances or you'll never get anything done.

To add insult today she was in my yard painting the fence on my land a horrible color The attorney advised me to do nothing until after a letter is sent by the attorney. I personally feel like filing trespass charges and harrassment followed up with bullseye's painted on the fence. As for the tree encrochment If I had trimed it she would of complained the limbs fell in her yard. It is a no win situation. I feel there should be legal recourse to recoup $$ spent because of her actions.

 

[JohnBLZ]

Bullseye

I would tend to agree (and this is in no way any legal advice)... if the survey clearly shows the fence is on your property.

Send the letter...the day after...paint the bullseye...and whip out the chainsaw...

and leave the fence in HER driveway

 

[john123456]

I hired a surveyor who marked the boundries recorded the survey and provided a detailed map showing the fence is entirely on my property. Now can I tear it down?
Today the neighbor phoned at 7am stateing she will comply only if I provide her with the survey and have a attorney send her a letter. She went on to inform me my tree is encroaching on her land and demanded I trim the branches. I responded if they are on your side of the property line it is your responsibility to trim them. She said shes calling a attorney. which is fine with me . She has previously phoned calling me names . is this harrassment and if so what can I do to stop it ? I hate wasteing police time. Also I have learned the neighbors house is titled to her and her husband they are in a divorce battle. Should I contact him ? He does not reside there.
Thank you

Assuming your survey is correct and you have photos to document the fence on your property, bulldoze the mother down. Send the neighbor a bill for the equipment rental and threaten to sue if he refuses to pay. Done deal.