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THANK YOU OP for injecting the bit about lending the complaining neighbor a gun WHICH HE WON"T RETURN. Just ups the drama and (because I have no dog in this fight) brought laughter and tears to eyes.
I currently have a neighbor on one side who keeps crossing the line with our fence (attaching heavy boards causing damage), fence is surveyed and marked in last 6 months. No no no the county GIS is not accurate but some people have no common
sense.
Does my neighbor have gun? Husband does probably. I communicate with spouse who is doing the actual damage to fence. Apparently she did this to last owner before us too. Problem is fence wanders from their property to our property over course of 100 feet and I've advised her where "their" fence starts.
Makes me think Wyoming must be nice where neighbors are miles away. But then I think about how many guns there are in Wyoming and how cattle vs. sheep (fences involved) and water rights fights have been so vicious. Oh the humanity.
The fence, trees and building were all in place many years before current neighbor bought his house.
The neighbor, I'll call him Richard, had issues with his other neighbor and actually feared for his safety. Richard and i had become friends and he asked if i had a gun he could borrow. I lent him one (i don't need you to tell me how stupid that was - i had genuine concern for his safety). Anyway, after almost 2 years, i asked for the gun back and he EXPLODED. Seriously, he went nuts, yelling and threatening, it was crazy. The only thing i can figure is there had been a period of about a month that we didn't talk.... nothing wrong, just neither of us had anything to say, i guess. Anyway, i guess he got his feelings hurt. That's all i can come up with
A gun? Whoa. What could possibly go wrong?
As far a you not having a copy of a survey, if it was a legal survey by licensed surveyor then the survey would have been filed at your local court house---after you paid your surveyor's bill. If it was just a fence location staking then there likely was no survey.
Is this property within an incorporated town?
The fence, trees and building were all in place many years before current neighbor bought his house.
The neighbor, I'll call him Richard, had issues with his other neighbor and actually feared for his safety. Richard and i had become friends and he asked if i had a gun he could borrow. I lent him one (i don't need you to tell me how stupid that was - i had genuine concern for his safety). Anyway, after almost 2 years, i asked for the gun back and he EXPLODED. Seriously, he went nuts, yelling and threatening, it was crazy. The only thing i can figure is there had been a period of about a month that we didn't talk.... nothing wrong, just neither of us had anything to say, i guess. Anyway, i guess he got his feelings hurt. That's all i can come up with
A gun? Whoa. What could possibly go wrong?
As far a you not having a copy of a survey, if it was a legal survey by licensed surveyor then the survey would have been filed at your local court house---after you paid your surveyor's bill. If it was just a fence location staking then there likely was no survey.
Is this property within an incorporated town? If so, the city engineer will locate the property lunes.
And if the OP had ordered & retained a proper survey he could rest easy and call it a day.
But the OP didn't do that... did he?
What he has is a neighbor who could be proven to be right
and if so will be in a position to cost the OP a whole lot more than just the cost of the survey.
Which btw, he will also have to pay for then.
The $300 or so (maybe even $500) that it costs should have happened a decade ago.
He gets to spend that money now.
No "rational" person would start spending money, or spend more money, to defend an action that hasn't taken place that time will not affect. The burden of proof lies with the neighbor.
Did your title company or lender not require a survey when you purchased the property? If they did, then go to the title company where you closed (or whoever did the closing) and see if they have a copy. If it was long enough ago it might take them a while to dig it out of the archives, though.
THANK YOU OP for injecting the bit about lending the complaining neighbor a gun WHICH HE WON"T RETURN. Just ups the drama and (because I have no dog in this fight) brought laughter and tears to eyes.
.
It could only get better if the neighbor accepted it with gloves on.
This is a little funny. Many years ago, I had a neighbor I called Neighbor Dick. (Neither Dick nor Richard was his real name, but it fit him).
I once came home to find him drunk and screaming "Your garage is on MY land and you've got to tear it down!!!"
Seems the guy on the other side of him (also drunk) told him that he knew where there was a boundary marker and these two fine men proceeded to map out Neighbor Dick's yard - with a string. Because he had done civil engineering work in the past and knew what he was doing.
What he didn't know was that the properties were more of a parallelogram than a rectangle, so all of his screaming and measuring was for naught.
He ended up getting a survey done. The look on his face when it turned out the corner of his garage was on the edge of my property was priceless. Same with the end of his driveway actually being my property.
And yes, stakes weren't really removed, but they were sure pounded into the ground - and then paved over. I'm sure he thought I was too stupid to notice.
They moved south in 2004. Hmmmmm.......
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