We own a vacant lot we are selling. Survey was done & found my neighbor's fence was 8 feet over on our property. We gave him copy last November. (The fence has been there less that the statute of 15 yrs, he’s been in house 3yrs) He hired an attorney who sent a two-line fax stating we could REMOVE the fence at our expense. We did and he and hit us with a lawsuit in excess of $10,000 for damages, attorneys fees, quiet title to our land & accusing us of trespassing on his property to remove fence saying fence has been there 15yrs +. (aerial photo of prprty stamped 1992 shows NO FENCE around his prprty).I’ve hired an attney to defend, but says if it goes to litigation, could cost upto $15,000 to defend. Is there action I can take against neighbor to collect att fees? My attny said his attorney screwed up bad. Can I file malicious prosecution or abuse of process? We have filed our “answer” denying all. How can we get this thrown out?
2006-11-21
17:47:25
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7 answers
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asked by
Repunzzell
1
in
Law & Ethics