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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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There, Neighbor has over the past 2 years, destroyed

Customer Question

Hi there,
Neighbor has over the past 2 years, destroyed my landscaping. I have had enough and refuse any longer to sit back idle & watch the further destruction.
We built this house 23 years ago and all lots around us were dirt and not built yet. Landscapers plotted out the lot according to the Certified Recorded survey which I still have and metal edging was placed to clearly mark the boundries. This woman moved in 7 years ago and decided 2 summers ago (without consulting us) start widly pruning my 50" Austrian Pines and 50' Ash Tree & 3 20' Plum Trees. She pruned at some points 4' inside the property line until she was told where the property lines where by us and to stay on her side with the pruning. Didn't stop her. she cut the tope out of 3 Aspens growing 4' inside the property line and killed them, she over pruned the plums so much they died last fall. My Pine trees are so butchered & once you cut the tip off a branch it dies. So they are dead 20' up from the trunk base. she also went down the fence line on my property 20' down the sidewalk ajoining my property and cut back all my trees straight up until we saw her and stopped her.
As a result we had to take out the split rail part of our fence attached to the privacy part of the fence and replace it with 6' privacy. To abate road noise and polution in our backyard. So now, her front yard is completely encased in privacy fencing. (to bad)..After putting the fencing in, I went back and replaced the edging which had deterioated with new edging right on the property line and back fill it in with crushed rock to my fance. The fencing all around my property is inset on our property line 6" and was paid for by us not shared. I have been maintaining my property line all these years with edging and rock.
She came to my front door after I finished and told me to stay off her property and the fence is the property line, and removed all the edging and threw it over the fance. I promptly got my survey, remeasured to the property line from the Chissled Cross at the corner of my property, wrote her a letter explaining Implied Easments, Property Lines, Adverse Possession and a copy of the Survey. Informed her the edging will be put back in place and the mess she made will be cleaned back up as much as possible and filled with crush rock again. I call the Police out to document the damage she created. I wrote and sent a Certified Letter to her which she will recieve in a couple of days.
She was told the edging will go back in and crushed rock, she is not to plant anything on my property and no vines on my fence and no leaning things on it, in this letter. IE She also goes down the sidewalk on the neighbor adjoining the other side of her property and is butchering their trees has planted a Blue Spruce on their property and rock scape.
My question is
Am I following all the proper avenues and backing up legally my problem my property rights. I am done with this woman threating me with insults to my character, and now threathing me as to her son is a State Trooper, whats that got to do with this situation am I suppose to be scared now..I don't think so. So I informed the Douglas County Police Officer who came and made the report of her threats.
she also told me if I put the edging back in she will rip it out again, so therefore the certified letter is going out before I re-install it.
Help...Advice Please
Thanks Janet Goodlin
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you, Janet.
Hi, you are treating it correctly. The first step is to inform her of your rights to the property and to clearly delineate the property line. If she still continues to encroach and damage your property, sue her for damages to personal property (the cost of the plants and their replacement) and for trespassing. The fact that her son is a Trooper is absolutely useless here since this is a property dispute, and even having a police officer in the family does not give a person license to break the law. Please video tape the edging, and if she rips it out again, sue her for repairs and costs of replacement, and pursue her for trespassing.
Dimitry, Esq.

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