My question involves real estate located in the State of: Washington, county of Kitsap.
Some background. My neighbor and I have had an ongoing, negative relationship that included me getting a civil anti-harassment order against him, which was recently thrown out on appeal. We both own 5 acre parcels that adjoin each other with an easement running through his lot for ingress/egress and utilities. The two 5 acre lots were originally a 10 acre large lot that was subdivided by the previous owner. The large lot was surveyed prior to the subdivision to lay out the easement and all property corners. We have both recently (within the last 2 years) developed our lots and built houses.
When I originally purchased the property I erected a temporary fence near the property line separating our two lots. I planned on erecting an automatic gate and a permanent, secure fence once our house had been completed. The neighbor started clearing his land for his backyard and began stacking the debris right up against my temporary fence. I contacted his attorney and told her that he was doing this. The attorney stated that he (my neighbor) believed that the temporary fence that I had erected was on the property line and that he was only dumping his debris on his own property. I contacted the sheriffs office and let them know what he was doing (this was while the anti-harassment order was still in effect). The sheriff told me that the neighbor would deny knowingly dumping on my property because he would feign ignorance and say that he thought the temporary fence was the line. So, the next day I removed my temporary fence and ran a string line from (surveyed) corner marker to corner marker to install my permanent fence. I took pictures of the debris piled on my property and sent a letter to his attorney asking him to remove the debris so that I could erect my permanent fence. The attorney responded that the debris was on his client's property only and that my string line was not placed correctly. The attorney stated that she had come out to inspect the property and that there was no property stake on one end where my string line originated. She stated that her client believes that the string line is placed incorrectly and that I need to pay for a survey before I install my fence. After receiving this letter I inspected the property and found that one of the survey stakes (a 3/4 iron pipe, not the white, wooden type) had been removed. However, I proactively took pictures of all of the survey markers when running my string line. I made sure to include large trees in the pictures, with measurements (actual tape measure in the pictures) from tree bases to the markers. I did this because I thought that the neighbor might do something of this nature.
I plan on just building my fence where my string line is. I figure is he wants to hire another survey company to come out or just wants to sue me, he can go ahead. My question is, can I, legally, remove the yard debris from the property line so that I can build my fence? Would my removing this debris contribute to a harassment order against me? (I don't want to end up in court again with an order against me.) And, are the pictures that I took proof enough of the location of the corners of my lot without having to pay for another survey (I called and they want $900 just to reset the one 3/4" iron pipe).
Sorry for the length, I just wanted the picture to be clear.
Some background. My neighbor and I have had an ongoing, negative relationship that included me getting a civil anti-harassment order against him, which was recently thrown out on appeal. We both own 5 acre parcels that adjoin each other with an easement running through his lot for ingress/egress and utilities. The two 5 acre lots were originally a 10 acre large lot that was subdivided by the previous owner. The large lot was surveyed prior to the subdivision to lay out the easement and all property corners. We have both recently (within the last 2 years) developed our lots and built houses.
When I originally purchased the property I erected a temporary fence near the property line separating our two lots. I planned on erecting an automatic gate and a permanent, secure fence once our house had been completed. The neighbor started clearing his land for his backyard and began stacking the debris right up against my temporary fence. I contacted his attorney and told her that he was doing this. The attorney stated that he (my neighbor) believed that the temporary fence that I had erected was on the property line and that he was only dumping his debris on his own property. I contacted the sheriffs office and let them know what he was doing (this was while the anti-harassment order was still in effect). The sheriff told me that the neighbor would deny knowingly dumping on my property because he would feign ignorance and say that he thought the temporary fence was the line. So, the next day I removed my temporary fence and ran a string line from (surveyed) corner marker to corner marker to install my permanent fence. I took pictures of the debris piled on my property and sent a letter to his attorney asking him to remove the debris so that I could erect my permanent fence. The attorney responded that the debris was on his client's property only and that my string line was not placed correctly. The attorney stated that she had come out to inspect the property and that there was no property stake on one end where my string line originated. She stated that her client believes that the string line is placed incorrectly and that I need to pay for a survey before I install my fence. After receiving this letter I inspected the property and found that one of the survey stakes (a 3/4 iron pipe, not the white, wooden type) had been removed. However, I proactively took pictures of all of the survey markers when running my string line. I made sure to include large trees in the pictures, with measurements (actual tape measure in the pictures) from tree bases to the markers. I did this because I thought that the neighbor might do something of this nature.
I plan on just building my fence where my string line is. I figure is he wants to hire another survey company to come out or just wants to sue me, he can go ahead. My question is, can I, legally, remove the yard debris from the property line so that I can build my fence? Would my removing this debris contribute to a harassment order against me? (I don't want to end up in court again with an order against me.) And, are the pictures that I took proof enough of the location of the corners of my lot without having to pay for another survey (I called and they want $900 just to reset the one 3/4" iron pipe).
Sorry for the length, I just wanted the picture to be clear.
Surveys: Neighbor Removed Survey Stake After String Line Was Ran to Build Fence
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