We installed a cedar fence 19 years ago; it was placed just inside the property line (approx 6 inches). We had no objection or comments from our neighbors (we barely speak to one another). We recently had some repair work done that included adding pipe reinforcements to the cedar posts. The pipes are 2 inch in diameter and are approximately 2 feet high. A marker for the property line that was in place for 19 years is now gone. We didn't remove it, nor did our fence repair company. Our neighbor is now claiming those pipes are on his property and wants us to remove them.
I know we can survey the property to prove the line, but we do not want to incur that expense at this time.
Our thought is that it is up to him to take the next step. My question is if this moves to the legal arena, who is responsible for the survey costs. Would he need to present that to prove his claim, or would we need to present that to defend ourselves?
Thx,
NS
Trespass claim in MA
Ah . . . the old disappearing property marker. Sounds suspicious. Your neighbor cannot go into court without any proof and expect a judge to rule in his favor. As the plaintiff in any quiet title or trespass action, he will have the burden of proof. So, if he is serious about the claim and not just jerking you around, he will have to pay for a survey. Now, if he gets a survey that shows the fence (or the metal supports) is on his land, then you might want hire your own surveyor. In this type of dispute, it's best to remain civil, ask him to show you a survey, and leave it at that. If things escalate and he, for example, tries to take down the fence or enter your property in some other way, then you should contact a Massachusetts lawyer ASAP. Often, a well worded letter from an attorney will end bad behavior by a neighbor. Good luck.