How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RealEstateAnswer Your Own Question
RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23955
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
9540344
Type Your Real Estate Law Question Here...
RealEstateAnswer is online now
A new question is answered every 9 seconds

I am being sued by my neighbor up an eight foot

Customer Question

I am being sued by my neighbor for putting up an eight foot fence between us. He is always making problems for me so I decided I could use the privacy. While putting it up I was leaning some of the wooden slabs on a fence (which neighbor built) that is located on our property line. He got all mad and called cops. They said they couldn't do anything. he knocks my wood down damaging several boards and a clamp table in the process. Then he hits me with a civil suit. Not sure what about. Its for 250$ and all it says is I leaned wood on his fence. WTH???
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.
Good morning. In the civil suit, did he describe or make a claim for the basis for his recovery?
Customer: replied 1 year ago.
I will quote it word for word....
During period June 3-9 '15 defendant trespassed on plaintiff's property located at*****, Tularosa NM by stacking varying amounts of slab lumber upon & against a fence - located on Higuera property- separating the two addresses.It has an amount of $250.00. That is all it says.
Expert:  RealEstateAnswer replied 1 year ago.
Thank you for the additional information. If you were served with a summons and complaint, you certainly need to make sure you file a responsive pleading or answer, within the time stated, to avoid being defaulted. Based upon what you shared, there could be a basis to file a motion to dismiss, if you were on your property line, like you stated. You can not trespass on your own property and if the fence is built on a shared property line, it only goes to further strengthen your argument. Now, as far as the leaning of the slabs, I find it odd that this person is really trying to sue you over that. Moreover, if there was damage done to his property, I could see him asking for a specific amount but if he is just asking for damages in the amount of $250, his "injury" may not support it, for the Judge to award it. The burden would be on him, as the moving party, to also prove and support his claim and you have every legal right to respond and defend it, showing there was no trespass or basis for it.

Related Real Estate Law Questions