I can't take anymore but I am not sure who to go talk to. Alot has been happening here and I think I have finally reached the point that I can't take anymore.
I can't sleep. My stomach feels like it was run through a meat grinder and I have been crying alot.
Yesterday was like the final straw for me. The neighbors that keep giving us grief (after living next door to us for a whole year) disputed our fence AFTER he watched us put it up for the last year.
He had it surveyed yesterday and not only did the surveyors give him our fence, that we know was NOT on the line or on him (my husbands family has owned this for 20 years and they know where property lines are according to the survey done when they bought it) but they also MOVED his entire property line 6 feet over on us He now has ALL of our baby trees that we have been transplanting a babying over the last year. We are talking like 200 saplings that Ernie has just found in the woods behind our house (that we own) and was to be the start of his tree farm. Not pines, but hardwoods and poplar trees. He got some pines too, but those are rather easy to find to replace.
The surveys REFUSED to show us proof that they were licensed and my attorney said legally they should have notified us and explained what they were doing since they walked to the middle of our property in the back to survey it. They ignored us when we told them you are trespassing and Earnhardt very nearly got out and BIT one of them.
Our attorney said we can get the surveyors for trespassing...especially since we did manage to get out of them that they are subcontracted (I demanded to know when they became licensed surveyors because they looked fresh out of highschool and our neighbor down the road who is taking training to be a survey has 4 more years to go before he gets a license! ) and they should according to Ohio State law had a licensed surveyor on the premises to make sure they did the survey RIGHT...they didn't .......so my attorney says technically we can get them on trespassing charges.
They also placed a call to the sheriff (neighbors did) and said I was down there cussing the surveyors out...I never cussed ONCE. I let them know we had watched the neighbor and his buddy MOVE the survey pin (original pin) and that we took pictures and that I have PROOF of everything because I am not an idiot and I document everything.
Pretty much he is forcing our hand. We now have to get our own surveyor. It is going to cost anywhere from $500 to $1500 to have it done. I told my parents I think they should have to pay for it since according to Ohio state laws, all property must be surveyed before being sold! My step dad refused to talk to me..My mom was totally in agreement with me. She feels terrible about the whole thing because she knows how much blood, sweat, and tears we have put into this place.
Ernie was talking about selling out and moving. I bawled and bawled. I was finally happy here. We worked so hard. IT IS PAID FOR FOR PETE'S SAKE. I am NOT giving up without a fight.
We have a guy coming out to give us an estimate on the survey this evening. We are going out ourselves in a bit to measure our 207 feet because according to my General Warranty deed, which is the best deed a property owner can get, our property should measure 207 in width from the road frontage to the very back of the yard. Length is over 800 feet. They have left us with less than 200 feet because our fence wasn't ON the property line. We purposely stayed off it.
Then the sheriff walked over to the fence with Ernie to ask the neighbor if he would let Ernie move the fence. The jerk said no it is mine now and I have to talk to my attorney to see what my legal rights are... I KNOW what his legal rights are...HE HAS NONE TO THAT FENCE. It is farm fence and MY 2007 Real Estate law book, which was required of me to take to pass real estate, clearly states that FARM fence is exempt from ALL state laws and the one who put the fence up has the invested interest in it because it is to keep animals in. We were in the process off pasturing off the property to get cows in here (eventually) and the neighbor didn't want us to have cows. PLUS he watched us put up the fence and never contested it...which means according to a surveyor we talked to yesterday, it sounds pre-meditated.
OK so now we are going to build a hog pen on that side of the yard...in the direction that the wind blows.
Sorry for the length. I won't be offended if you don't read.
__________________ Alycia  Autumn  Gizmo  Maddie
Last edited by Willow; 07-31-2007 at 02:54 AM.
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