Neighbor Removed My Fence

[DAWNMERIE]

They (meaning the contractor or one of their insurance co) will have to step up to the plate on this one. I know some pool guys and they built a pool on someone elses property and it had to be moved, pool companies insurance paid for it. I'd still make the report with the police and document everything, down to the conversation you had with the neighbor's, just incase you might need it.

 

[charlieinnj]

They said the installer told them it was their fence, because they said they didn't know who it belonged to-after talking to the neighbors on each side of them. Apparently it never occured to them to ask ME. I also told them he left the posts sawed off in my yard, and the gap needs to be fixed asap.

They did ask if fixing the gap would solve the issue, and I told them my concern is I have no fence now, and if they removed theirs, I would have an unfenced yard. They were calling the installer to talk to him about it. No survey was done, they just went on his word. Morons.

I still think either they or the installer needs to install a fence on my side.

Ultimately, it's the contractor that took action and removed the fence. Mistakes happen, but you need to be made whole again. Do not settle for anything other than a comparable fence being re-installed on your property.

 

[NinaA]

Also, if you decide you want your fence replaces, as it was, they will probably have to take down the fence part of that neighbor's fence. I found out the hard way when I replaced my (whole yard) fence a month or so ago, they have to have so much working space on both sides of the fence. I had to lose a snowball bush, two burning bushes, and two clematises. While all this was going on though we had a storm that took out most of a neighbor behind me's 80 ft tall oak tree and dropped it right on my other neighbor behind me's brand new fence that my company had just put in. So, my crew moved from my yard to the yard behind me, and the jerk who owned the tree never offered to pay anything. Then he refused to pay the guy he contracted to clean up the mess. They are in court. So, after than a few bushes didn't seem too bad. Just don't "settle" and don't allow the gate either. That gives those people permission to enter your yard any time they want.

 

[Ginny]

Now THIS is a reason to live in the middle of nowhere! I knew there had to be one...

Hopefully, everything will be resolved without much angst and you'll end up with a better fence than before.

The more people I meet, the more I'd rather spend time with my dogs!

 

[NewfieMama]

I'm so curious now, can you post pics of the yard/damage? And if you have one, a pic of your fence before it was sawed off? I'm having trouble imagining how the neighbor could really have thought it was their fence - it encircles YOUR backyard, right?

In my old town (suburban lots) we had to get a permit which entailed pulling the lot survey, before installing a fence.

Even if they say they are going to make good I'd still file with the police to help ensure that it happens correctly and quickly.

 

[Sound Bay Newfs]

It really is the contractors fault. He should have surveyed first. Find your survey and if you can't let the contractor pay for a new one. If they give you a hard time, tell them they will hear from your attorney.

 

[blaue_augen]

In our last home in CO, we didn't have to pull any kind of permit to put up a fence. I called to have the underground lines marked, and I told the fence company where to put the fence. I did speak with my neighbors first and we put the fence generously on our property so as not to infringe on the neighbor's yard.

I can't believe people take advantage of you because you are single. That is ridiculous! I am glad to hear you are not going to let them get away with it. I do hope the fence company has insurance because I just met a neighbor who found out his contractor didn't have insurance after their crane fell into the neighbor's house! In that case, the contractor was fired and the home owner's insurance was brought into it. But no matter what, you should not have to foot any of the bill!!

 

[CMDRTED]

Ask them who gets the bill for your new fence? Then when they refuse, tell them you're making a police report for destroying private property, and the judge will direct reimbursement.

 

[KS Newf]

I agree with Tricia2 about doing just what Leska said. For what it is worth IMHO this is the best and most effective way to handle this situation and protect yourself. What a mess! I am so sorry; life is just difficult enough without this! Prayers and positive energy headed your way. Wisdom for these miscreants would be a good place to start! I am just so sorry!!

 

[Cat]

My 2 cents

A by-product of why permits are required where we are...besides ensuring that everything being built is up to code, it keeps the neighbors all on the same page and preempts any homicides that result from lame, brain-dead neighbors. Personally confronting a lame, brain-dead neighbor most certainly results in bringing out the depth of their ignorance and destroys any chance of a tolerable relationship in the future. No permit, they are wrong and will have to change it back. Get a mediator of some sort and good luck with this mess. Are you outside the city limits ? I hope not. I read the whole thread and didn't see that mentioned. If so, whole different ballgame and legal representation is a must to get anything done without a shotgun...:icon_lamer:

 

[chumleysma]

Dawn...You don't need a man to even the field in your neighborhood. You've got Newf Net. That makes you a formidable opponent in my book!

 

[lacey9875]

Dawn...You don't need a man to even the field in your neighborhood. You've got Newf Net. That makes you a formidable opponent in my book!

And I LOVE you guys!!! :allg069:

I'm not within city limits, and I checked with the county, no permit is needed for a fence. I know we had a survey done when it was installed, because my ex is King of the Anal Retentives, and the fence was 6 inches to a foot on our property.

So I just made the lamest call to the police ever. I kept apologizing, but I told them my concerns, so they're probably rolling their eyes and whomever is bottom on the totem pole will probably have to take my call.

Now I just have to deal with the jerk driving through my yard. Maybe I can kill two birds with one police officer. :!rolling:

 

[Tricia2]

Good on you for calling the police and placing a complaint! Where I live the intentional destruction of personal property is a misdemeanor but theft of personal property >$250 is a felony. Check your state laws, call your attorney and let him/her handle all further communication with these Bozo's. If they balk, I'd add criminal trespass to the list of charges, but I don't cotton to morons who think the world revolves around their little God's acre. You can't fix stupid but you can teach them that stupid has consequences to one's wallet and criminal record.

 

[takemebacktotulsa]

Unbelievable! But I bet in the end, you will receive a brand new fence for the hassle you will go through. And your neighbors will think twice before messing with your property again

 

[CMDRTED]

My brother is a fence contractor. He has been in business since 1973. He said he never goes on someone's word when removing a fence. He requires a survey. He also said the person who took down the fence need to remove the posts from the ground. they should have never cut them off even with the ground. He said he would have used a back hoe to pull the post/concrete out of the ground. He said you most likely have a law suit if they don't it to suit you. He also said to not 'settle' for something. Make sure the fence is repaired correctly and not just slapped together. He suggested you call another fence contractor to see what would be the correct way to fix the problem and not go on what the neighbor's installers say. They are going to offer you the cheapest fix, which may not be the right fix.

Agreed.

 

[lacey9875]

Well, I have not heard from them since the day I went to talk to them. Today an installer is coming to give me an estimate, and I'm going to try and carve time out to call an attorney I worked with when I did real estate.


I WILL have a new fence now.

 

[charlieinnj]

Well, I have not heard from them since the day I went to talk to them.

Wow....unbelievable.

 

[lacey9875]

Ha! The wife just left me a message letting me know they just got ahold of the installer, it being his busy season and all, and at some point next week he's going to come look at the fence and fix the gap.


Um, he's also going to rip out the posts and put in a new fence in my yard. Jerk.

 

[Straylight]

Try your best to be super nice to them throughout all of this, even though you really don't have to and they're in the wrong! Good fences make good neighbors, but being super nice to people who are already going to be on the defensive also makes good neighbors.

 

[Cat]

Woo Hoo !!!

Woo Hoo !!!
Woo Hoo !!!
Woo Hoo !!!