My question involves a consumer law issue in the State of: Connecticut
I'm a new homeowner and have been living at my new residence for almost a year now. When my wife and I purchased this property, it had a fence all around. I had one family residential property to my left (from the street) and an abandon and overgrown lot to the right. I got the survey when I did the inspection but never thought to measure out if the fence was on my property. A couple months ago a contractor bought the parcel of land and started to build on it which I was very excited about because previously, the property was not maintained and attracted a lot of rodents. Randomly he came up to me and said he had surveyed and said he had a survey and a stake proving that my fence was encroaching on his property about 3 ft and that he needed it for his driveway. I was really caught off guard and wasn't too sure what to say. I told him that this was news to me and that the fence from my knowledge had been there for years. So I do a little researching and find that my fence is indeed over the line about a foot. Coincidentally, he comes up to me one day and mentions that his measurements were off and said it was about foot over. I told him I was going to contact my home insurance company because I simply did not know what to do and because I'm young and a new homeowner, I didn't want to be taken advantage of (the man has been rude and condescending during our conversations). I filed a claim to my insurance company which they deny because there was no legal documentation from the contractor stating there was a boundary issue. I updated the contractor and he got upset and threatened to go through the legal route. I told him I wasn't interested in coming out of pocket at the time for the fence and that I had to think about the next step. Fast forward to today and he approaches me about the fence again. At this point the house on the property is erected and things are moving at a good pace. He asks if I considered what he said to which I answered that I was still not interested in coming out of pocket for the fence at this time. He told me that he was going to remove the fence and I had told him that that was not a good idea since it's my fence. He said he was advised by his lawyers that he could remove it and that he was going to double check with him again.
Ok, so I know it may seem like I'm a bit stubborn but I was put off from the beginning when he was rude to me so I haven't felt the need to bend backwards for the guy. He isn't the owner and I told him that I would be open in discussing the fence issue with the new owner. My concern here is, does he have the right to legally just pull my fence up without a court order? Would there be a reason why he would've "spoken" with a lawyer who would've advised him to tear the fence down without issuing me a legal document expressing to take it down? I'm just trying to figure out if this man is trying to insert his power and talk to get his way or if I'm going to come home one day with one side of my fence gone and nothing to show for it?
TL;DR: My fence which was erected I'm not sure how long ago is over the property line by a foot. Contractor next door bought the land and said he needed to move it for his driveway. My insurance company denied claim bc contractor didn't issue legal letter about property dispute. Today contractor threatens to tear the fence down. What do I do?
Thank you!
I'm a new homeowner and have been living at my new residence for almost a year now. When my wife and I purchased this property, it had a fence all around. I had one family residential property to my left (from the street) and an abandon and overgrown lot to the right. I got the survey when I did the inspection but never thought to measure out if the fence was on my property. A couple months ago a contractor bought the parcel of land and started to build on it which I was very excited about because previously, the property was not maintained and attracted a lot of rodents. Randomly he came up to me and said he had surveyed and said he had a survey and a stake proving that my fence was encroaching on his property about 3 ft and that he needed it for his driveway. I was really caught off guard and wasn't too sure what to say. I told him that this was news to me and that the fence from my knowledge had been there for years. So I do a little researching and find that my fence is indeed over the line about a foot. Coincidentally, he comes up to me one day and mentions that his measurements were off and said it was about foot over. I told him I was going to contact my home insurance company because I simply did not know what to do and because I'm young and a new homeowner, I didn't want to be taken advantage of (the man has been rude and condescending during our conversations). I filed a claim to my insurance company which they deny because there was no legal documentation from the contractor stating there was a boundary issue. I updated the contractor and he got upset and threatened to go through the legal route. I told him I wasn't interested in coming out of pocket at the time for the fence and that I had to think about the next step. Fast forward to today and he approaches me about the fence again. At this point the house on the property is erected and things are moving at a good pace. He asks if I considered what he said to which I answered that I was still not interested in coming out of pocket for the fence at this time. He told me that he was going to remove the fence and I had told him that that was not a good idea since it's my fence. He said he was advised by his lawyers that he could remove it and that he was going to double check with him again.
Ok, so I know it may seem like I'm a bit stubborn but I was put off from the beginning when he was rude to me so I haven't felt the need to bend backwards for the guy. He isn't the owner and I told him that I would be open in discussing the fence issue with the new owner. My concern here is, does he have the right to legally just pull my fence up without a court order? Would there be a reason why he would've "spoken" with a lawyer who would've advised him to tear the fence down without issuing me a legal document expressing to take it down? I'm just trying to figure out if this man is trying to insert his power and talk to get his way or if I'm going to come home one day with one side of my fence gone and nothing to show for it?
TL;DR: My fence which was erected I'm not sure how long ago is over the property line by a foot. Contractor next door bought the land and said he needed to move it for his driveway. My insurance company denied claim bc contractor didn't issue legal letter about property dispute. Today contractor threatens to tear the fence down. What do I do?
Thank you!
Can a Contractor Remove My Fence if It's Over the Property Line
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