Real Estate Law
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Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Your recourse here is to get an estimate on having a new survey done and a new fence installed and then sue the neighbor for trespass to property and destruction of private property for taking your fence down. If the cost is under $10,000 you can sue the neighbor in small claims court and don't need an attorney. The clerks will have the summons and complaint forms that you need to file to start the case.
If you didnt' want to jump right to litigation, you could have a local attorney send neighbor a "demand letter" for the damages and costs to repair and reinstall the fence under threat of suing him for more and attorney fees. Sometimes just a threatening letter will be enough to "encourage" the other side to settle rather than get dragged in to court to lose.
Yes, there is a 2 year statute of limitations for both trespass and injury to personal property (i.e. the fence).
Ok, but it is 2 years from the actual "injury" that you received, not necessarily when he purchased the property. So you would proceed assuming that it was less than 2 years and make him prove it was over 2 years if he wanted to fight about it...
Kind of... The burden of proof is on you to prove he tore down your fence and pushed all the brush up on your property...not too hard with photos. But the SOL is a defense that he has to raise to try to use it to defend.
And yes, there are a lot of slimy attorneys out there... except here on the JustAnswer site... some of the best in the biz..
Have a great evening!
You are very welcome. Happy to help any time.
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