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Old 10-06-2017, 08:41 AM
 
2,663 posts, read 2,771,500 times
Reputation: 3093

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Quote:
Originally Posted by jmking View Post
Well, the neighbors removed my surveyors stakes and built a stockade fence along the bad survey.
Earlier you said your lawyer sent a letter saying not to build any fences, etc until issue is resolved. So is he getting a 'cease and desist' (or whatever is appropriate) from a court? If this includes part of your leach field what is he doing on the other side of the fence that may compromise it?

No more Mr nice guy. Time for hardball legal action before he makes changes that are difficult to fix.
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Old 10-06-2017, 11:51 AM
 
Location: Minnesota
1,651 posts, read 596,704 times
Reputation: 2953
Un-fracking-belivable.
I can't hardly believe they built the fence. It will just cost them more when they end up having to move it. I hope it's not disturbing your leech field, you may want to get someone to inspect to make sure no damage if the fence is close to it. I think they can be damaged fairly easily, digging and placing fence posts too close could do that to your septic system. (is it a septic system leech field?)

As per previous other poster don't confront them yourself, it obviously doesn't matter to "those" neighbors, they don't have any common sense . Just wait it out for the county and lawyers to straighten out. Are you getting any assistance with your title insurance people or the builders/developers of your neighborhood? Are your closing attorneys any help?

Wish you well and a speedy resolve to this.
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Old 10-06-2017, 11:57 AM
 
3,265 posts, read 1,720,094 times
Reputation: 2773
Fence is the way to go.
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Old 10-06-2017, 11:12 PM
Status: "Living the good retired life." (set 27 days ago)
 
Location: Wasilla, AK
5,861 posts, read 3,144,350 times
Reputation: 11829
Quote:
Originally Posted by jmking View Post
Well, the neighbors removed my surveyors stakes and built a stockade fence along the bad survey.
Build a fence on my property and I'm ripping it down.
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Old 10-08-2017, 07:33 AM
 
6,209 posts, read 6,582,043 times
Reputation: 3091
Quote:
Originally Posted by MidValleyDad View Post
Earlier you said your lawyer sent a letter saying not to build any fences, etc until issue is resolved. So is he getting a 'cease and desist' (or whatever is appropriate) from a court? If this includes part of your leach field what is he doing on the other side of the fence that may compromise it?

No more Mr nice guy. Time for hardball legal action before he makes changes that are difficult to fix.
My lawyer is on vacation, out of the country until this coming week. The fence is just on the outer edge of the leach field. There is nothing but a flat empty half acre lot on their side. I rushed to the county court house before they put up the fence. I had their fence permit flagged using my surveys as proof that there's a border dispute. My wife called the county who sent out a inspector who inspects swales and such and told the neighbors not to build in the swale, however he told my wife that it is the HOAs who determine distance from leach fields. The developer is the HOA currently because its a new developement. My neighbors cussed out my wife calling her a ***** etc. while the inspector was present. Police can not do anything because its a civil matter, no phyical contact was made. When I returned home they had already put up a fence in between our houses, their back yard only, however the fence runs 3 feet down my side loading garage's driveway. Backing out of the garage, if my bumper goes slightly over the edge of the driveway, I'd hit the fence. They also removed our surveyors recent stakes from the ground for the second time. Since this issue could not be resolved in a civilized manner I filed a complaint with the title insurance company.
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Old 10-08-2017, 07:39 AM
 
Location: Cary, NC
31,592 posts, read 55,307,520 times
Reputation: 30150
Quote:
Originally Posted by jmking View Post
My lawyer is on vacation, out of the country until this coming week. The fence is just on the outer edge of the leach field. There is nothing but a flat empty half acre lot on their side. I rushed to the county court house before they put up the fence. I had their fence permit flagged using my surveys as proof that there's a border dispute. My wife called the county who sent out a inspector who inspects swales and such and told the neighbors not to build in the swale, however he told my wife that it is the HOAs who determine distance from leach fields. The developer is the HOA currently because its a new developement. My neighbors cussed out my wife calling her a ***** etc. while the inspector was present. Police can not do anything because its a civil matter, no phyical contact was made. When I returned home they had already put up a fence in between our houses, their back yard only, however the fence runs 3 feet down my side loading garage's driveway. Backing out of the garage, if my bumper goes slightly over the edge of the driveway, I'd hit the fence. They also removed our surveyors recent stakes from the ground for the second time. Since this issue could not be resolved in a civilized manner I filed a complaint with the title insurance company.
Does your attorney handle litigation?
You will want a fire-eater, I think.

The whole thing is a dang shame. Sorry you are having this experience.
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Old 10-08-2017, 07:52 AM
 
6,209 posts, read 6,582,043 times
Reputation: 3091
Quote:
Originally Posted by Izzie1213 View Post
Un-fracking-belivable.
I can't hardly believe they built the fence. It will just cost them more when they end up having to move it. I hope it's not disturbing your leech field, you may want to get someone to inspect to make sure no damage if the fence is close to it. I think they can be damaged fairly easily, digging and placing fence posts too close could do that to your septic system. (is it a septic system leech field?)

As per previous other poster don't confront them yourself, it obviously doesn't matter to "those" neighbors, they don't have any common sense . Just wait it out for the county and lawyers to straighten out. Are you getting any assistance with your title insurance people or the builders/developers of your neighborhood? Are your closing attorneys any help?

Wish you well and a speedy resolve to this.
Yes, its a fairly widespread system of pipes underground that is centered left of my house (driveway/left side of house), there's a small patch of woods to the right of my back yard. One can see a very slight mound where the pipes are buried. Although we where told its the HOA that handles leach fields etc, it would seem to me their should be regulations somewhere pertaining to encroachments of this sort dealing with leach fields outside of a HOA. Yes to all in reference to the bold part of your comment above. However I was hoping for a resolution on this issue before filing a claim with the title company. I filed friday.
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Old 10-08-2017, 07:54 AM
 
6,209 posts, read 6,582,043 times
Reputation: 3091
I'll also add, stockade fences go against our HOA regulation supplied by the developer who is aware of the all the issues.
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Old 10-08-2017, 08:05 AM
 
6,209 posts, read 6,582,043 times
Reputation: 3091
Quote:
Originally Posted by AlaskaErik View Post
Build a fence on my property and I'm ripping it down.
It had crossed my mind. But, doing so I believe in a subdivision could be at this time counter productive. These are bad people, I don't know them, I don't know what their surveyors told them. I know that their survey company called me, said they were sorry and that they fired their surveyor. I know they did return to the site and only moved the stakes a couple of inches. I believe they have no case at all, and will prove in court how unreasonable they were. It also crossed my mind that even if they are told to move that side of their fence they wont, in which I'll be the one removing it.

Last edited by jmking; 10-08-2017 at 08:45 AM..
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Old 10-09-2017, 12:38 PM
 
1,722 posts, read 2,270,054 times
Reputation: 3414
Quote:
Originally Posted by jmking View Post
It had crossed my mind. But, doing so I believe in a subdivision could be at this time counter productive. These are bad people, I don't know them, I don't know what their surveyors told them. I know that their survey company called me, said they were sorry and that they fired their surveyor. I know they did return to the site and only moved the stakes a couple of inches. I believe they have no case at all, and will prove in court how unreasonable they were. It also crossed my mind that even if they are told to move that side of their fence they wont, in which I'll be the one removing it.
Keep very good records. In order to even have a chance at recouping your attorney's fees (assuming you fight and not just the title company) you are going to need to prove how unreasonable they were.

That you warned them, that you had the survey corrected, that they moved your flags, ignored your attorney letter, and built a fence all while they knew the line was contested.

Record everything, keep everything, the more evidence the better.
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