again the fence...we were informed we are being sued

**julieb** · 05-06-2007, 10:47 AM

Once again I was stopped in my driveway by my neighbors. They told me they are planning to sue us for them cutting down our tree that we did not want removed anyway and they want us to pay for the last remaining tree to be removed. I told them that we would not be paying for anything.

This is the second time they have come to my property and made their demands. I kept my cool this time. Their justification for this lawsuit is that they have been cutting the front grass on this hill, maintaining our property and leading them to believe it was theirs. Well, we did ask them why they cut it, we had always cut it before they moved in. They kept insisting that it was theirs and always cut it. Were we supposed to take their lawnmower away from them??

Is this whole thing crazy or what??? I just think this whole thing is nuts. This neighbor is dead serious about this. My DH and I have decided to consult our attorney. I sent him an email explaining everything. (friend of the family attorney) We just want to make sure that we are not part of some frivolous lawsuit.

There is alot of common sense on these boards. What do you all think?? Are you all as sick of this fence stuff as I am??

**YankeeMom** · 05-06-2007, 10:57 AM

Originally Posted by julieb

Once again I was stopped in my driveway by my neighbors. They told me they are planning to sue us for them cutting down our tree that we did not want removed anyway and they want us to pay for the last remaining tree to be removed. I told them that we would not be paying for anything.

That is the most ridiculous thing I have ever heard. They are going to sue YOU because THEY cut down YOUR tree??? And they want YOU to pay for THEM to cut down YOUR other tree? Are they on crack?

They don't have a leg to stand on! First of all, they cut down the trees without having a survey done or getting permits. Second of all, they tried to put up a fence without having a survey done or getting permits.

If they do sue you, it will have to be done in small claims court. File a countersuit for the cost of replacing the fully grown tree and cleaning up the mess that they left on your side of the property. They are the ones in the wrong and are trying to cover their @$$ by bullying you!

**nodmicks** · 05-06-2007, 11:41 AM

Originally Posted by YankeeMom

That is the most ridiculous thing I have ever heard. They are going to sue YOU because THEY cut down YOUR tree??? And they want YOU to pay for THEM to cut down YOUR other tree? Are they on crack?

They don't have a leg to stand on! First of all, they cut down the trees without having a survey done or getting permits. Second of all, they tried to put up a fence without having a survey done or getting permits.

If they do sue you, it will have to be done in small claims court. File a countersuit for the cost of replacing the fully grown tree and cleaning up the mess that they left on your side of the property. They are the ones in the wrong and are trying to cover their @$$ by bullying you!

I 100% agree with the above!~

**ubumartin** · 05-06-2007, 12:09 PM

Stand up for your rights. Those people are crazy. I am glad you have an attorney that you can consult. They will try to get away with whatever they can. They are just that type of people. Everyone owes them the world.
Best of luck to you. Try and resolve it as quickly as you can and get back to your lives.

**fernykins** · 05-06-2007, 12:17 PM

They have to be nut cases........ If it was me I would get it surveyed. I know it costs money but its a good thing to have if they take you to court..... I so dislike people like that..........Good luck with your neighbor
Fern

**jamie79** · 05-06-2007, 12:24 PM

Stand up for yourselves and make the fence higher!!!!

**kimmie** · 05-06-2007, 12:30 PM

Wow, I certainly would consult the attorney! Then possibly countersue. Sounds as though they're not right in the head!

**wanderlusting** · 05-06-2007, 12:34 PM

Where has all the common sense gone? I agree- they shouldn't be suiing you for a tree that they cut before making sure it was theirs. In fact, sounds like they stole your tree! Hope this gets resolved quickly without having to go to small claims.

**julieb** · 05-06-2007, 01:33 PM

Well we never wanted to sue. We just looked at their ages, 24, and thought well they will learn, just young and dumb. They will not let up on us, acting like we are their parents or something and if they throw a fit we will give in. I just refuse to be harassed like this. I was kinda proud of myself because I didn't allow myself to be drawn into an argument. I was so mad I was shaking when I went back into the house.

**claimsgirl66** · 05-06-2007, 01:52 PM

In my experience, lots of people threaten to sue, but very few do. My thoughts are if they had a leg to stand on, you would have gotten a letter from an attorney by now.

So their coming over in person, is another poor attempt to intimidate you. How aggravating!

Since you have a friend you is an attorney, I would recommend having him draft a brief letter to these folks, even if you have to pay a modest fee to have him draft the letter. Have it state, something to the effect of, in the interest of preserving harmony, any future correspondence and conversations in regards to this issue are to be directed to him, and to kindly provide him with the name of their attorney. Then if they confront you in person again, take the position that their idea was good.....let's have the lawyers sort it out.

That may do the trick. It will get them off your back and let them know you have sought counsel. Then the ball is in their court. What a hassle for you!

**AmyMCGS** · 05-06-2007, 02:27 PM

Originally Posted by jennybethg

I agree- they shouldn't be suiing you for a tree that they cut before making sure it was theirs. In fact, sounds like they stole your tree!

My thoughts exactly. I'd tell them you're going to have charges brought against THEM for stealing your tree, trespassing, harrassment, and whatever else applies. I don't know if you can do that at this point or not, but it might make them think. Those could be criminal charges, too, not just a civil suit... but like I said, I don't know if you can do that or not.

I'm also wondering if they have found an attorney who will take this case. Them coming over to tell you they plan to sue makes me think that they haven't actually done anything about it... if this was actually going through, I would think they'd let their attorney notify you.

Grrrrr... people like that drive me crazy. Good luck!

**Mom23boys** · 05-06-2007, 03:03 PM

I think you have received some great advice already, but just wanted to add that I also would file a countersuit because they cut down your tree without consent. I hope this dispute is settled quickly.

**OzFreeBird** · 05-06-2007, 06:11 PM

Commencing a lawsuit against you will cost them money, so if they are cash strapped, they probably won't go through with it.

It all seems very odd to me. Are they on drugs, do you think?

**julieb** · 05-06-2007, 06:39 PM

I don't think they are on drugs. I think they are acting like spoiled children and we are their parents. Throw a fit and maybe mom and dad will give in. I'd like to put em in a corner and tell em to come out when you grow up.

**Ceashels** · 05-06-2007, 07:05 PM

Do you have a copy of the last survey that was done on your property?
It should be available to you in the county records if you don't have one. The property boundaries are also listed in the deed to your property.

Consulting your own attorney was a good idea. Have a registered letter on his business' letterhead sent to your young neighbors directing all communications regarding the property, fence and trees be sent directly to him and that all personal contacts with you and your family can be considered harrassment.

If they do choose to pursue a suit for the cost of their last tree on their property (having cut a tree down on your property without your permission) the you can most likely countersue for the cost of that tree plus the legal fees that YOU incur.

It might be worth it to have a partial survey done of the the boundary lines between your properties so they know where they can stop mowing their lawn.

Good luck, I hope it is settled quickly and that they grow up.