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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3467
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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Neighbor cemented bottom of my cement fence that is on my

Customer Question

neighbor cemented bottom of my cement fence that is on my property and also built a garden behind my fence on my property they where told to remove it but keeps putting it off what should i do The cement he placed on my fence is starting to push up do to weather change surrey bc canada
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello Ed, thank you for the question.

Did you deliver that letter you mention?

Customer: replied 1 year ago.
no planning to do it later in the afternoon just waiting for the surveyor to call me back so he could let me know when a surveyor can come back and mark my property line with something on the other side of my fence cause the pins where off set on my property cause of the cement fence I had put
Expert:  Ulysses101 replied 1 year ago.

I understand. When you're ready, feel free to send that letter. It doesn't need to be aggressive or threatening, as your neighbour will either comply or not, and if you get in his face he's more likely to get his back up. In the letter, don't try to persuade him to do what you want for the same reason.

I think you should include in the letter the survey results, and say that his use of his property has crossed the property line, and his use on his side has affected your side too. Say that if he doesn't fix it and communicate with you about how and when he's going to fix it that your next step is to get your lawyer involved which you'd rather not have to do.

If the neighbour does nothing or flips you the finger, see your lawyer. Start off with a letter from the lawyer threatening compliance or else you'll be seeking an injunction for specific performace and in the event of his contempt of that order that you'll do it yourself and he'll be ordered to pay what it cost you, plus damages and interest and legal fees and post-judgement interest, and secured by a lien on his property. That should get his attention.

Does that help? If there's more to discuss then please reply. If I've answered you I'd appreciate a positive service rating please.

Expert:  Ulysses101 replied 1 year ago.

Hello Ed, I'm not observing that you've read what I wrote yet. Did you send that letter?

If you don't want to continue our conversation, that's fine. Just let me know and I'll take it off my "waiting for customer" list.

Ulysses

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