Property dispute question?

[jolie95]

I know this may seem long but I need to get the facts straight so you can answer.

Ok so I have 20plus acres. I have about 10 of that in pasture. My neighbor asked me last year if he could put a few horses on our property. I agreed to but with one thing. Once he got rid of the horses. The fence that he had built would have to go and I will not allow anymore horses on the property. In that being said, I bought a double wide mobil home to rent out on my property. Where the septic tank is placed, I was not able to put the home down from it. I had to put it above the septic tank. I got it as far away from the fence as I could. Its about 15 feet away from the fence. Lightening has hit that fence right at the mobil home twice in the last couple of weeks. The pasture has been vacant for the past 5 months or so. Determination of our "verbal" agreement because he sold the horses. No where did we write a written agreement saything that I allowed him to do anything on my land. I need the fence removed asap because of the deadly lightening and the man who built the fence is getting mad. He has already purchased more horses and placed them on our land. Who is in the wrong here? I abided by the law. I called for a local law officer to see what I could do. He came out and said the best thing for me to do is call a local judge. I did just that and he told me to write a letter to the neighbor stating that he has 10 days....ample enough time to get his horses and fence removed. If he doesn't comply with my letter that I could remove the fence myself. I wrote this letter and gave it to him. Now he is calling me cursing me out saying how he spent over $800 for the fence to be built. That's not my problem. I didnt sign to anything. He is now saying that he is going to take me to court. This is not his land. I have been paying taxes on my land for over 20 years. I understand the fencing is his, but he can have that. I just want it gone! Any advice tips?

[erwin]

You're in the right, but you've got a real mess. The advice from the local law officer, and then the local judge, is good. You need to document in writing that you told the guy to remove the fence and the horses.

I'm not a lawyer, so this isn't legal advice. But, in real estate (which this is), oral agreements are legal but not enforceable. That means he can't hold you to the oral agreement.

I'm not sure why you feel the fence has to be removed and how that relates to the lightning strikes. You might re-think that issue. But if you want the fence removed and the horses gone, it's your land and there's no enforceable agreement.

See a lawyer (or talk to that judge again) for more guidance.

Hope that helps.

[gwen]

I know this may seem long but I need to get the facts straight so you can answer.

Ok so I have 20plus acres. I have about 10 of that in pasture. My neighbor asked me last year if he could put a few horses on our property. I agreed to but with one thing. Once he got rid of the horses. The fence that he had built would have to go and I will not allow anymore horses on the property. In that being said, I bought a double wide mobil home to rent out on my property. Where the septic tank is placed, I was not able to put the home down from it. I had to put it above the septic tank. I got it as far away from the fence as I could. Its about 15 feet away from the fence. Lightening has hit that fence right at the mobil home twice in the last couple of weeks. The pasture has been vacant for the past 5 months or so. Determination of our "verbal" agreement because he sold the horses. No where did we write a written agreement saything that I allowed him to do anything on my land. I need the fence removed asap because of the deadly lightening and the man who built the fence is getting mad. He has already purchased more horses and placed them on our land. Who is in the wrong here? I abided by the law. I called for a local law officer to see what I could do. He came out and said the best thing for me to do is call a local judge. I did just that and he told me to write a letter to the neighbor stating that he has 10 days....ample enough time to get his horses and fence removed. If he doesn't comply with my letter that I could remove the fence myself. I wrote this letter and gave it to him. Now he is calling me cursing me out saying how he spent over $800 for the fence to be built. That's not my problem. I didnt sign to anything. He is now saying that he is going to take me to court. This is not his land. I have been paying taxes on my land for over 20 years. I understand the fencing is his, but he can have that. I just want it gone! Any advice tips?