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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32763
Experience:  Began practicing law in 1992
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My neighbor has taken a high tensile electric fence plus

Customer Question

My neighbor has taken a high tensile electric fence plus posts down from where our property adjoins. He then continued taking it down from a side where our property does not adjoin. Several eyewitnesses reported it to me and now he has used some of them as a decorative border in each corner of his property, using 3 posts in a triangular shape, wrapping the wires back and forth around them. He must have several more posts and lots of wire he plans to use or sell. What can I do legally? I'm a bit afraid if him so I haven't done anything yet except talk to neighbors who saw him do it while I was away.
Submitted: 7 months ago.
Category: Legal
Expert:  Dwayne B. replied 7 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Do you know who originally put the posts up?

Customer: replied 7 months ago.
He also has 5 Tree stands on my land and told neighbors he plans to sneak on and hunt even though he was caught earlier this year and was asked to leave when I found out and called him.
Expert:  Dwayne B. replied 7 months ago.

Do you know who originally put the posts up?

Customer: replied 7 months ago.
My grandfather paid to have them put up and I inherited my grandfather's house and 160 acres.
Customer: replied 7 months ago.
I rent the pasture to a farmer now but wanted to keep it in tact in case in in the future we rented it out for cattle.
Expert:  Dwayne B. replied 7 months ago.

The first thing you want to do is have the police contact him and read him the criminal trespass warnings. That will mean that if you catch him on the land again he can be arrested immediately.

As to the removal of the posts and wire, you can sue him for "conversion" for that, which is the civil law version of theft, to recover enough money to pay to replace what he has taken. You can also sue for an injunction that will stop him from entering your land or taking anything from it.

You will need a lawyer to assist because injunctions are extremely complicated.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.