Property dispute

[amacoycurry]

What is the name of your state?Wisconsin
I have posted before about our lawsuit against our neighbor. We have had 2 survey's done that shows that he is encroaching on our property by at one point about 25 feet. One corner of his house is 7'10" on our property. He has tried every tactic to keep our property. One of his arguments is that he has maintained and mowed the property. That comes to my question. This morning I told him to not mow any of the grass that is on our property, namely right near his house. He told me that he has the right to maintain the area around his house and that he was going to get a varience to do so. I told him that he did not have one yet and that we would mow that area. He said "call the cops", so I did. The cops came and I told them everything and showed them the 2 survey's that show where the property lines are. I told him that one of his arguments was that he mowed the property, so that was my reason for him not mowing that property. He told the police officer that he was going to have his attorney to file for a 6 foot varience. We told the police officer we had no problem with him coming on the property to do any maintenance on his home, but that we did not want him mowing it. The police officer told us that they did not want us mowing by their home and that he would not mow it either. Since this is our property, can he tell us not to mow it?

 

[FarmerJ]

You should consider speaking with a atty about your options one wich should include JUST selling the neighbor a strip of your land . The best thing would be for a tornado to rip his house up when the home is unoccupied so it would have to be rebuilt completely on his land . but the odds of that happening are likely that it wont . Other wise you might want to talk to a atty about a enroachment agreement that will direct that If the structure ever rebuilt for any reason at all INC weather related or fire damage the home owner must get the structure off your land and rebuild on his own . Other wise your ATTY could provide a number of rather interesting letters likley threatening to do worse than that . As far as maintaining your property If the nieghbor doesnt like it too bad . DO make sure you see a atty ASAP . The reason being that if you ignore it the harder it will be to get a result that you can live with . There are links up top that you could use to attempt to locate a real estate atty in your area . give it a shot , many attys offer free or low cost consultations .

 

[amacoycurry]

We have an attorney, and have filed a lawsuit asking that he remove all encroaching structures. The problem with the mowing and me calling the police just happened yesterday, so I could not reach my atttorney being a weekend and all. Our neighbor has tried every lie in the book to try and keep the property. We even made them an offer last year before we filed the lawsuit and they just ignored us. The shed that is about 25 feet on our property is on skids and could easily be moved. Our attorney is asking for a summary judgement because him and his attorney have come up with no legal argument. The police officer felt sorry for the goofy jerk and told us that we could not mow the property up near his house. He also said that the no tresspassing sign I had put up constituted harrassement. I think that the police officer was way out of line and am going to go and get a copy of the police report tommorrow, and will call our attorney tommorrow and tell him to get the summary judgement filed.

 

[JETX]

If I understand you correctly, you have already got an attorney and filed a lawsuit to resolve this, correct?? If so, then simply note the neighbors encroachment and that you advised him not to. Then, let your attorney handle it.
Sounds to me like to children squabling over a toy. Grow up and let the courts handle it.

 

[amacoycurry]

Your are right, it is just that it has been going on for well over a year and it needs to be over!!

 

[I AM ALWAYS LIABLE]

Your are right, it is just that it has been going on for well over a year and it needs to be over!!

My response:

Then just shoot the "sum-bitch!" Sounds like fun to me!



IAAL

 

[JETX]

Ah, the S-L-O-W wheels of justice.
At what point are you in your case???

 

[I AM ALWAYS LIABLE]

Ah, the S-L-O-W wheels of justice.
At what point are you in your case???

My response:

Sounds like he's near the Smith & Wesson .45 Caliber "point".

IAAL

 

[amacoycurry]

We filed the lawsuit in October after trying to settle it with them since our survey was completed in May of 2003. After he found out that he had built structures on our property, he went ballistic and has not spoken to us. As far as I know the judge has set a scheduling date of Sept. 23rd. If we have to mediate that needs to be done by Sept. 11th. Our attorney is going to file what he calls a summary judgement, since they have no legal argument and we have 2 survey's. Our neighbor had his own survey done in January, but according to their attorney they have received nothing back yet from that surveyor. So hopefully the judge will decide on the fact that they have no legal argument and we will not have to mediate. It would really suck if we had to mediate and pay the fees involved when it is clearly our property. Also, the reason we do not want to give up any of our property is because it is only a 91' piece of property on a lake.

 

[HomeGuru]

Keep fightin and use more gunpowder.

 

[nextwife]

Hey, he's got no business being mad. It's his fault he's going through this. Had he bothered to PROPERLY locate the improvements, he wouldn't be going through this. It's NOT your fault he scrimped and didn't have it done right in the first place.

Fight for every inch. This is not a two hundred year old building that's always encroached. He could have built in in the right place, he just didn't spent the few extra bucks needed to know where the right place was.

 

[HomeGuru]

Hey, he's got no business being mad. It's his fault he's going through this. Had he bothered to PROPERLY locate the improvements, he wouldn't be going through this. It's NOT your fault he scrimped and didn't have it done right in the first place.

Fight for every inch. This is not a two hundred year old building that's always encroached. He could have built in in the right place, he just didn't spent the few extra bucks needed to know where the right place was.

**A: few bucks? How much does a boundary survey cost in your neck of da woods?

 

[amacoycurry]

It cost us $2000.00.

 

[HomeGuru]

Ok, like that's a few bucks. In nexie's neck it's the same.