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z.a_357.007john.007357.1

Ignoring a valid survey

9 posts in this topic

I have a property line dispute with my neighbor in a small town, so I have a survey done and the neighbor has clearly crossed over property line and has no regard for the survey. Call the zoning officer and the police department and they pretty much gave him verbal permission to put a fence on my property, they both stated that it is only a few inches I asked the mayor for the Neighbors fence permit and he denied my request. what are my option? I would like to have the fence move also the cut a few tree root from my tree, 

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3 hours ago, z.a_357.007john.007357.1 said:

what are my option?

 

Lawsuit.

 

Or forget it. A few inches isn't going to kill you.

 

3 hours ago, z.a_357.007john.007357.1 said:

also the cut a few tree root from my tree, 

 

Your tree has lots of roots, maybe hundreds. A few roots from one side isn't likely to kill your tree.

 

 

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You would need to file a civil trespass action against your neighbor to have the court decide the proper line and to order the neighbor to remove his encroaching fence.  Mayors, police officers, and zoning authorities are not responsible for adjudicating boundary line disputes.  Be prepared to pay a small fortune in legal and expert's fees to resolve the issue. 

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12 hours ago, RetiredinVA said:

You would need to file a civil trespass action against your neighbor to have the court decide the proper line and to order the neighbor to remove his encroaching fence.  Mayors, police officers, and zoning authorities are not responsible for adjudicating boundary line disputes.  Be prepared to pay a small fortune in legal and expert's fees to resolve the issue. 

yes it is all ready starting to get expensive, just to start the process of asking the court to move the fence, I am having a surveyor come and survey how much of the fence is on my property, then calculated it to square feet to add a value to the damages, not sure were it will go after that? or how to prove damages to the tree,

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You need to talk to a lawyer who can review all the facts before you go overboard about this.  If an order is issued to move the fence off your land, the value of the square footage of the  encroachment in irrelevant.  There would be no value to damage to a tree's roots unless the tree is killed.  If you can prove the cutting of a few roots killed the tree, you may be entitled to the replacement value of the tree.  Naturally, one would expect the death of the tree to take years unless the damage to the tree was extensive.  The neighbor is entiled to cut limbs and roots that encroach on his property unless the cutting kills the tree.

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12 hours ago, adjusterjack said:

 

Lawsuit.

 

Or forget it. A few inches isn't going to kill you.

 

 

Your tree has lots of roots, maybe hundreds. A few roots from one side isn't likely to kill your tree.

 

 

The first step is to prove he is on my property, that were the surveyor comes in and the surveyor has a program on his computer that would calculate the square footage at little or extra charge.  The tree root that the fence installer cut was a big root and he came on my property to cut the root, also he put the fence post in the spot that he cut, six months from now the root going grow and its going to move that fence post, by state law I will be responsible for repair on the fence

6 minutes ago, RetiredinVA said:

You need to talk to a lawyer who can review all the facts before you go overboard about this.  If an order is issued to move the fence off your land, the value of the square footage of the  encroachment in irrelevant.  There would be no value to damage to a tree's roots unless the tree is killed.  If you can prove the cutting of a few roots killed the tree, you may be entitled to the replacement value of the tree.  Naturally, one would expect the death of the tree to take years unless the damage to the tree was extensive.  The neighbor is entiled to cut limbs and roots that encroach on his property unless the cutting kills the tree.

 

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Just now, z.a_357.007john.007357.1 said:

The first step is to prove he is on my property, that were the surveyor comes in and the surveyor has a program on his computer that would calculate the square footage at little or extra charge.  The tree root that the fence installer cut was a big root and he came on my property to cut the root, also he put the fence post in the spot that he cut, six months from now the root going grow and its going to move that fence post, by state law I will be responsible for repair on the fence 

 

The first step is to prove he is on my property, that were the surveyor comes in and the surveyor has a program on his computer that would calculate the square footage at little or extra charge.  The tree root that the fence installer cut was a big root and he came on my property to cut the root, also he put the fence post in the spot that he cut, six months from now the root going grow and its going to move that fence post, by state law I will be responsible for repair on the fence

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2 hours ago, z.a_357.007john.007357.1 said:

he put the fence post in the spot that he cut, six months from now the root going grow and its going to move that fence post, by state law I will be responsible for repair on the fence

 

Then I suggest you install a root barrier in the ground so that the root can't grow past it.

 

 

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