legal advice please help?

Question

I am a senior citizen that own a property with a fence that was there when I PURCHASED IT 21 years ago I have a tenant living there with 4 kids. A construction co. bought the vacant lot next me and want to build a home. My dilemma is that the fence that is there is 12 inches over on their property. next door. They said they will put a new fence up if I allow them to put a temporary 6 ft fence 5 ft. inside my property line to put up scaffolding and keep it that way for the duration of the build. He has now threatened an injunction that would allow him to do as he pleases and that the expences for a fence would come out of my pocket.

Answer 1

The most important thing is that you do your homework or have someone like a friend or relative help you in this matter.

I work in the Film & Entertainment Industry and you see a lot of people who will threaten you with Law Suits. Many of them prey on people being unfamiliar with the Legal System and use it as a form of Intimidation.

In the Entertaiment Industry, you'll see a lot of people throw around threats of Law Suits and taking people to court. For people who have never gone to court, it can be a daunting experience because they're so used to abiding by the law and being good samaritans.

"Legal Bullying" is where someone "threatens to hit you with a Law Suit" to make you flinch or knuckle under. Whether they have the Legal Positioning to do so is another story. However, when you play your cards right, you can delay his project as well by filing on the last day for appeals and such, which can just be as much as a headache to him.

You may want to check if there is any Legal Precedent where the fence having been placed there for a certain amount of time that may allow you to be within your legal rights or where it's possible that the you may not be in as much trouble as he'd like you to think you are if the fence was placed there by a previous owner.

Sometimes people just threaten people with Law Suits even though they have no leverage at all. Sometimes it even turns out that the person threatening you screwed up and isn't on as solid ground as he or she thinks they are.

It is possible that he could have leverage on you if it turns out that your fence really is on that property, but the most important point is not allow yourself to be bullied around.

Although people would like to believe that the Law System is based off of Justice, legal Issues are a lot like poker to see "who has the better hand." It may very well turn out that he has a better hand, but even people with really good poker hands tend to get overconfident and screw up.

Sadly enough, the other aspect of poker that applies to Law is that the people with deep enough pockets can bully other people around because they have the financial backing where they can outlast their weaker rivals.

That's how a lot of people who happen to be on moral or legal ground end up folding or settling because they don't have the finances to support a long or drawn out court battle.

The nice part is that no fence has been set up yet. If it was a product or service where there was failure of payment, then he may have a real case against you.

Pay close attention if he tries to destroy or dismantle the fence without your permission. You might have some leverage regardless of whether it's on his property or not.

Regardless of whatever he is on solid legal ground or not, don't allow yourself to be intimidated or let him steamroll you over. Always pay attention to latest that you have file. I think it's about 10 days before your actual court date that you may submit that you can't make a court date, which will buy you time.

The Legal System isn't really that painful. It's a lot of annoying paperwork, but the Judical System is set up to be as fair as possible. You want the Legal System to work in your favor.

Sadly enough, crooks and criminals who run through the System a lot know the Legal System well, which allows them to exploit every loophole possible. That's something that people who are inexperienced with the law don't take advantage of.

People should really treat the Legal System like a Game of Tennis rather than try to figure out who's on moral ground or Principles. It sounds like logically twisted, but sometimes you need to know how to deal with people who try to manipulate the Law to their own advantage.

As a Senior Citizen, young people will try to intimidate older people who are inexperienced. Age doesn't really factor in as much as people think.

Another reason why people will threaten Senior Citizens is because they don't feel intimidated by older people that aren't physically strong enough to threaten them. That Psychological aspect makes unscrupulous people go after others.

Try seeing if you can appeal for Legal Help from your area. Try visiting Craiglist:

http://www.craigslist.org

On the right side there's a listing of all 50 States. Click on your state. Find the closest Metropolitan city to where you live and post an Ad in the Legal Section asking for advice or help explaining your case.

There will be Lawyers that are from your area whom you may be able to talk to directly that will have more intimate knowledge and give you qualified Legal Advice that can properly advise you on how to handle this matter.

If you get Legal Counsel, they may be able to find some Legal Loophole or something that works in your favor. Some may request for a Retainer Fee. If that's the case, sometimes coughing up $80.00 is worth the investment if it will save you on stress and worrying if you're in trouble or not as the other person threatening you with a Law Suit claims.

You can also try checking on his Zoning Permits. There are a whole bunch of things you can do to hinder or delay what he's doing raising his own Opportunity Costs. Right now, you don't have to budge or do anything until he gets a court order of some sort.

The burden of proof is on him. However, even then, you are still allowed to postpone or make appeals that can make really annoy the Hell out of him for not choosing a peaceful resolution and trying to intimidate you.

Even if it turns out that you're on his property, think of it like sitting in someone's Reserved Seat and not knowing it was Reserved. Even if he says it's his seat, you don't have to have vacate your seat. You wait until he brings over an actual Authority or Owner of the Establishment to tell you to move off of that seat.

Don't forget that your fence has been there for 21 years. It wasn't done out of malice or spite. It was just there and you had no idea. They can't punish you harshly for not knowing. The Court System isn't going to be mean or nasty. They'll just give their Ruling. Even after they give their ruling, you can then appeal and try to overturn the decision.

The Legal System was set up to try and be fair and as lenient as possible to ensure that Justice is served. You've paid your taxes. You've been paying your mortage on your house for 21 years. You've paid your dues. It's your home. It's time you have the Law start working for you.

Don't let some young whipper snapper dick you around with the Law. You were working your *** off when he was in diapers. You shouldn't be intimidated, you should be ticked off allowing him to think he can walk all over you like that throwing some Legal Jargon at you.

Answer 2

I don't know the exact law in the matter, but if your fence has been on the property for a certain period of time and no one has complained, it becomes your property through a process called adverse possession. I know it sounds strange, but it's true. I don't know how long you must occupy it, but I think at least 20 years. An attorney will tell you straight out if you have to surrender that property.

Answer 3

Sounds to me like you already know the answer to your question. I would let them put up the temporary scaffolding and then a new fence. if your existing fence is on their property and they refuse to give you a variance then they could come knock it down tomorrow and then you would have no fence and they will still build.

Good fences make good neighbors so let them pay for the good fence and live happily ever after.

Answer 4

Adding to what PaleBlueShoes said, anyone who tries to give you legal advice who is not a licensed attorney is committing unauthorized practice of law, which is a crime in many states.

That being said, the first and best solution is always to talk to the othr party. See if you can work something out before dragging it to court. Legal battles will be expensive and time consuming for both sides, and there is little guarantee that you will like the results.

Answer 5

You need to see a lawyer. Most offer free initial consultations. Don't sign or allow anything until you do. Let the person know that you have a lawyer.

Answer 6

honey, the fence doesn't belong to you. it was never on your property. you state the fence is not on your property and he is threatening you with an injunction. something ain't kosher.

Answer 7

As long as he is willing to work with you I would. He could legally just take the 12 inches back with no settlement

Answer 8

i would question the veracity of his claim. your property was, no doubt, surveyed originally. if i were you, i would go to city hall and obtain a copy of that survey and present him with a copy.he needs access to your property for his project, this could very well be his underhanded way of getting it.

Answer 9

Any FREE legal advice that you will receive here will be worth exactly what you pay for it.

You need a licensed attorney who knows the laws of your country, state, county and city. It will save you money in the long run, and you might even qualify for free legal assistance.