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  1. #1
    Join Date
    May 2011
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    5

    Default I Vandalized I My Own Fence

    My question involves real estate located in the State of: Massachusetts

    Hi. I am in the middle of a territorial war with my dear neighbor. In order to gain access to my land on the side of my house that abuts with the neighbor's land I partially dismantled a 2 foot stretch of fence witch I believe based on all available evidence is entirely on my side of the property line (or at least substantially so). I realize that a land survey is the only way to know for sure, but in the 3 years I have lived there the neighbor has not suggested that the property line is anywhere other than where I have claimed it to be. Thus I always thought we had an understanding of there the line was.

    Anyway the neighbor is now claiming, and has actually reported to the local police, that I have committed an act of vandalism and/or destroyed her property. This seems like it is just an attempt on their part to bully me into submission so that they get their way, since they would like to continue to encroach and tresspass on my property since there is sadly no actual boundary fence. Even if the instrument survey shows that the an inch or two is on her side of the property line it's still my fence right? Does here claim have any validity? How can I be vandalizing my own property?

    Does anyone have any experience with similar situations?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: I Vandalized I My Own Fence

    How can I be vandalizing my own property?
    You can't. As such, I suspect the neighbor is claiming the fence is hers.

    Get a survey so you know where the line is. If you claim the fence is yours and it it on her property, it would be a really good idea to move it or expect her to take ownership of the fence.

  3. #3
    Join Date
    May 2011
    Posts
    5

    Default Re: I Vandalized I My Own Fence

    Exactly. I can't, that's common sense. And i think it very unlikely that the survey will show that the fence to be theirs in any substantial way. I guess that's the real question is: What the law says about property that is partially on one person's property and partially on someone else's. In this case I think at worst they might be able to claim 10%. I have not studied the law but I suspect there is some "equation" that determines ownership.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: I Vandalized I My Own Fence

    what do you mean it's 10% on their property? Is the fence so wide you can determine 1/10 of the width of the fence?

    is the neighbor claiming the fence is theirs?

  5. #5
    Join Date
    May 2011
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    5

    Default Re: I Vandalized I My Own Fence

    It's not a boundary fence. It is perpendicular to the side plot line, not parallel to it. So if I'm right and the property line is where I think it is (or I hope it is) the fence is mine and her allegations have no merit. But it's certainly possible that the survey used when the fence was installed was inaccurate (or won't be in complete agreement with my survey). So it's a real possibility that maybe 4-5 inches is actually theirs and the other 20 inches is mine.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: I Vandalized I My Own Fence

    so, what does this connect to? a fence in the middle of nowhere doesn't do much good. It has to either terminate a fence running in a different direction or it goes between two buildings or a building and a fence or some such installation. Can you make it make sense?

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