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State of Nebraska. My neighbor put notice on my front door…

State of Nebraska. My...

State of Nebraska. My neighbor put notice on my front door that I have three days to remove 6 inches of fence that attaches to what he believes is encroaching over the boundry line. He claims his fence is 6 inches inside the property line. Knowing whom I'm dealing with, it is safe to say that he will physically remove 6 inches of my front fence. When we added that portion of fence, we had verbal agreement from him that it was approved we could attach. that was about eight years ago. Now that relations have declined, he will I'm sure remove/destroy that section of fence. I don't what to hire a surveyor to resolve this. I did call and inquire, but their schedules won't allow them to perform that service until July. That won't work. Whether this applies or not, I have looked on the GIS maps and I believe the fence is actually ON the property line, not six inches inside, but I understand GIS maps aren't accurate and I can't use that in my defense. What course of action can I take? How do I prevent the removal of my fence section? Is there a burden of proof they must provide prior to them taking action. My three days are ticking away. P.S. Discussing or attempting to settle this between us is not an option. Additionally, if I confront them, I fear physical harm.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

None at all.. They just taped the document on my front door this morning. My wife read it to me, I have not seen it yet as I'm at work.

Lawyer's Assistant: Have you talked to a NE lawyer about this?

No

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Answered in 1 minute by:
5/14/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,425
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 3 months ago
Please go ahead.

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Thanks for your patience. I'm sorry to hear about your situation. On one hand, it appears that you have an agreement with him regarding the land, meaning that if he were to remove the fence, it would be a breach of contract; however, the law generally requires that contracts regarding land be in writing and if it is not in writing, it would be impossible to prove that you had an agreement with him and a court would disregard. If a person is trespassing, the landowner has the right to remove the property or the person from that land.

In your case, your legal position isn't great; however, the next best thing that you can do is talk to him about getting something in writing to create an easement. An easement is the right to use someone else's land for a period of time. You could offer him a small rental amount of like $50 or so to just use that portion of the land in exchange for him not tearing up the fence. It's easy money for him and your fence can stay safe. Otherwise, you could sue in court if he touches your fence for trespass to chattels personal property). If you do that though, the court would probably reimburse you for the fence, but not let you put the fence on his land without an agreement.

Because I value your input, I would like to know what other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 3 months ago
If it is determined that the portion he tears down is NOT actually on his property, which I believe is so, what am I able to do after the tear down?

If he does that, then you can sue for conversion. Conversion occurs when there is a substantial interference with the personal property rights of another. This is possible when either a person is blocking the rights of another’s right to the personal property, even if that person had authority to possess the property, but that right was taken away by the owner (e.g. the owner took away permission from the person currently in possession). Usually, the measure of damages is the fair market value of the property at the time of conversion or a return of the property itself. For example, a vehicle that is worth $4,000 at the time the owner’s access was blocked is likely what a court would award. You may want to consider just writing a formal demand letter advising that the property should be returned ASAP. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

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Customer reply replied 3 months ago
No, thank you. Am I able to get a transcript?

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