Recent comments in /f/rva

Inume91 OP t1_j9p4ntm wrote

I didnt choose my words the best, my apologies. To be more clear, one law firm we talked to told us we essentially could just take it down and it didn't need to go to court. We talked to others to confirm if that was the case but one firm was too busy to follow up, one wanted way too much money, and the other said it was a civil case and they only took on criminal cases. The surveyor was a licensed contractor that we hired to define the property lines, marked by stakes and plotted on a map. We've tried sending a certified notice but they refused to sign for it , so that didn't pan out. We tried talking to the courts about it, but they said we needed to be represented by a lawyer. Cops said it was a civil matter and they couldn't do anything. I asked for help here because I didn't know what to do

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AuFingers t1_j9p2ktc wrote

Not relevant - is there an easement on the fenced part of your property which the neighbor might have misunderstandings about?

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RunningThenReversing t1_j9ow5be wrote

‘It’s not worth pursuing’ sounds like a sus response to receive from multiple attorneys. I thought the job of an attorney was to objectively present information in a persuasive manner. Seems like at least some of them would have told you you’re looking at a long, expensive pursuit and let you decide if it’s ‘worth pursuing’, or just declined the case without reason. Maybe you didn’t mean it that literally but it’s written like it was maybe only imagined. I would also think that surely at least one of them would tell you the appropriate course of action if you wanted to pursue it. Too common of a problem for this to be at a true impasse.

Also, for a surveyor being involved, the word ‘confirm’ doesn’t tell us much. Does that mean you had the property surveyed? A friends uncle who’s a surveyor stopped by and gave it a head-nod?

It sounds like if this is truly the situation and you’ve truly pursued all of those avenues you would have found something more substantial than Ask Reddit.

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PopularMedicinetoday t1_j9ouwmv wrote

Reply to comment by skinnylynnie80 in Neighbor put up a fence by Inume91

This.

People saying “just remove it” are getting way ahead of themselves. Send a letter by USPS (don’t just drop it off to him) and have the record of it all. Then give another letter after X days and say you will remove it within X days.

Protect yourself OP.

Also, I get the feeling OP isn’t giving us ALL the details.

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DarDarRules t1_j9otzb1 wrote

Have you talked to your neighbor with the surveyor’s findings?

Not trying to be facetious. It’s the best way without spending time in court.

If you have and no luck there, I really don’t know….

Maybe a complaint to city council?

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FromTheIsle t1_j9ot884 wrote

You may not have to "get a lawyer involved." But I'm suprised you can't even find a lawyer to draft a letter for you. They will be able to cite any laws and the survey etc and make it pretty tight, whereas anything you write might end up sounding too passive or even the opposite: threatening.

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ZephyrInfernum t1_j9oq9cv wrote

Document everything.

Send them a well-written letter demanding they remove their fence from your property, including proof of survey, etc. via certified mail (so they must sign and acknowledge receipt of letter). Tell them they have 30 days to remove it or you will have it removed and send them an itemized bill for said removal.

When it comes time to take action, if the neighbor calls police, show the popo the proof and they should tell neighbor it's a civil matter and won't make you stop. Remove the fence and deposit all materials back on the neighbor's property so they cannot claim theft. Record the removal on video of possible.

You can try r/legaladvice, but they'll likely just tell you to contact them state bar for a referral to an appropriate attorney.

If the surveyor hasn't already, have them mark the corners of the property in a way that cannot be altered.

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