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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7243
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I'm dealing with a property line encroachment issue with an

Customer Question

I'm dealing with a property line encroachment issue with an unpleasant neighbor.One property line marker is not upright (it is visible, however, it's buried on an angle, very deep under large tree roots), thus, the line is not definitively finalized. However, I have had a professional land surveyor define it as best he could.Our property has been encroached by a foot by the neighbors previous owners, when they installed a retaining wall (with a fence on top), one foot into our property line.The current neighbors have repeatedly removed our surveyors line marker stakes from the property line.What course of action can I take?The neighbors previous owners, who had the retaining wall and fence installed, were the ones who originally encroached on our property. It is obvious to the current neighbors that the retaining wall and fence are on our property, since the land surveyor put property markers up.The neighbors installed three cameras and a No Trespassing sign on their property facing the property line area.We want to plant a row of arborvitae trees along the property line, to prevent the invasion of privacy from the neighbors cameras, as well as to define our property line.Any advice?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Stuart J replied 1 year ago.
Good afternoon. You have posted this in UK law but say that it’s in Oregon. Is it the United States or the United Kingdom? If the US, Iwill get it transferred for you.
Customer: replied 1 year ago.
USA
Expert:  Stuart J replied 1 year ago.
I will transfer for you
Customer: replied 1 year ago.
Thanks
Expert:  Irwin Law replied 1 year ago.
Hello. Another expert here. This fact situation sounds very familiar, except that the customer had built a fence on top of the wall in order to keep his dogs inside his yard. I have a question. Do you plan to put the trees on your side of the wall, or in the 1 foot encroached area on the other side? Would it be unreasonably expensive to move the wall right up to the property line?
Customer: replied 1 year ago.
The neighbors retaining wall and fence are on our property by 1 foot. The retaining wall does not go along the whole property length, Of the 100 foot length, it is in the middle 56'.I want to plant the trees in the front 25' empty on my property line portion, where there is no retaining wall and fence.
Customer: replied 1 year ago.
Sorry, that should read middle 65' length.
Customer: replied 1 year ago.
I believe the current neighbors can afford to move the retaining wall and fence and/or get compensation from the previous owner, who had the 3' wall and 6' fence installed over onto our property line.
Expert:  Irwin Law replied 1 year ago.
I can proceed with the Answer, but only via our PREMIUM SERVICE which offers a telephone call. I will be able to explain your options better by phone.
Customer: replied 1 year ago.
no up-sale
Expert:  Irwin Law replied 1 year ago.
I believe the current neighbors can afford to move the retaining wall and fence and/or get compensation from the previous owner, who had the 3' wall and 6' fence installed over onto our property line.Well yes, in theory, and only in theory perhaps the neighbor will agree to do that if you have your lawyer send a demand letter to that effect. If not, you could sue the neighbors for encroachment and obtain and order or injunction against them to compel them to remove the wall and put it on their side of the lot line. If the prior owner to them is the one that put the wall up, the neighbors could cross-claim against the prior owners for their damages. That answer gets you an A+ on a law school quiz, but an F in real-life, because the cost in lawyer and surveyor fees will be exorbitant.On the other hand, since the wall is on your property, you can claim it as yours and move it wherever you want it to be. Or, just take it down and not put it back at all. That will let you put the trees in where you want them to be If the neighbor says that his fence and he wants the material, let him have it for the cost of taking the wall down and he can have the material to rebuild it on his side. Sound reasonable? I hope this is helpful and that you will be able to assign this answer a positive rating now.

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