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Here's what you do...
You find yourself an attorney. Your attorney will arrange a meeting with the district attorney to file criminal charges. In addition your attorney will file a lawsuit for the property that was stolen and destroyed, and for "intentional infliction of emotional distress".
I like the way you think Lisa!
You go girl... that is exactly what it is!
LOL! (Nobody tell them what I do for a living!)Quote:
Originally Posted by tracy271
The only problem that I can see is that, if this fence was indeed on a property line, it's a jointly owned fence and the other neighbor has a right to take it down if they want. I think. I know at least that both people get to pay for it. If it's not on a property line, then everyone else is right.
I know this sounds weird, but I was file a complaint for theift he did steal your fence and I would make him pay for what he did, but I'm just angered by this
Actually the fence was put in roughly 35 years ago by my dad and uncle. That property was vacant until about 8 years ago. Even the attorney had said it was our families fence.
If it's on the property line, it doesn't matter who put it in, it's jointly owned. Which always makes things difficult, because neighbors don't always agree on what type of fence, if it needs to be repaired, etc.
I don't know what happens if there is a joint fence and one party wants it up and the other party wants it down. I would think that the law would be that the fence comes down, and then the other party could erect one inside his property line if he wanted to have a fence between them.
Oh... and to answer some of your original questions... if his kids fall and get injured by the fence, he can sue. Especially if that fence is on the property line. (I'm still confused about that, because you have said that it's both "establishing the property line" and "not even near his property". It can't be both.)
But, assuming that it's not on the property line and this neighbor is a big jerk for doing this. Why is this disturbing so much that your grandmother is hospitalized? It doesn't sound like this fence was doing anything right now, so you sic a lawyer on him and let it get hashed out in court. And you want to go criminal... vandalism, trespassing, theft. Because, as has been pointed out, this fence just wasn't worth that much if you try to recover the damages in civil court.
Hi froggy. The fence was what was thought Granma's property line along an easment shared by many neighbors. The neighbor removed the property markers, along with the fence. There is another barb wire fence along the side of the property directly connected to the neighbor's yard, but that one has not been touched.(YET) The neighbor has torn down other fences and also wanted another elderly neighbor to remove his trees. This elderly man was even pushed by this crazy neighbor! He has since moved, and no wonder!!
It is a case where This man feels as if he can do what he wants without repercussions. Removing signs and fences, spray painting others, letting their dogs loose to run around. My Poor Grandmother is so worried about what could possibly come next, that she isn't sleeping. She built that house with grandpa 37 years ago!! This is a woman that took care of him for over 25 years after he was paralyzed. She is a fighter, but this had really been detrimental to her health and well being. She is suffering, because of this "man"(and I use the term loosely). All she can say is, "I looked out and saw 5 men tearing my fence down!"
WE ARE TALKING ABOUT 330 FEET OF FENCING!! She pulled up her blinds and they were ripping her fence out.
It's disgusting, disheartening, and just plain sad, That this strong woman's life will end with this bs.
Ok, I hate to be harsh here, but enough whining. You have been given some good and specific advice about what to do.
So now go and do it.
Just to clarify a bit, this is Rural property not a residential neighborhood. It is zoned as such and is acreage. I thought that the laws on a "legal Fence" varied by state, county, city etc. Especially in the zone they live in. I know there are specific RCW's for them to follow because of being farmland and there originally was livestock.Quote:
Originally Posted by froggy7
As my sis-in-law (tracy271) explained, this is not even a fence near his property. It runs along an easement owned by someone else.
He did actually remove the fence behind him that is someone else's and it does contain livestock currently. The other neighbor had to replace 220' of his fence line so he wouldn't lose animals.
It boils down to this, How do we make it stop? Regardless of who "owns" the fence who's "property line" etc... this is a situation where a bully has moved into an area where the people have all lived for ever. He wants what he wants and he OBVIOUSLY will do whatever he can to make everyone else's lives miserable to get it. Even send a 92 year old woman to the hospital.
What I find the most disheartning about this is that those people have 3 children... guess what they are seeing, hearing, learning... just our next generation of bullies, I guess they should be proud as parents. Sadly even in everything else grandma agrees with that.
Post closed, obviously the OP is not listing to advice and wants to whine and whine about poor me.
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