How can I turn a one-sided conflict into a 'ceasefire'?
Questioner
Dispute with the neighbor about a fence he placed in March 2021 (partly on the property boundary and partly on my land), in which he removed the existing property boundary, including part of my fence. Last July I received a letter about this via his lawyer stating that there was mutual consent and that I had to pay part of the costs. I replied that this was not the case. Last week I received a new letter in which he requested me to remove the fence I placed (following advice from another neighbor who had been appointed by the neighbor as a contact person) from the posts (which are on the property boundary and partly on my land) and to compensate for any damage to the posts. Measured from his garden, the fence is 2.10/2.15 high, measured from my garden, the fence is 2.04 high. The neighbor has now also commented on this. I did not file a report of destruction of property or aggressive behavior at the time (although I had reason to several times), because I do not want a conflict with my neighbor. Both parties are losers in this when it comes to the broken relationship. In my opinion, the neighbor is now only interested in maintaining the conflict (as he apparently experiences it) instead of working towards a 'ceasefire'. Can I express that to his lawyer or is it better to ignore the letter?Lawyer
Your neighbor may not remove a shared fence without your permission, nor may he erect a fence on your property without your permission. Did the neighbor remove it because it was in poor condition after a dispute about it? It is true that in that case you are also obliged to contribute to renewal. So in that sense (in the case of a defective fence that needed replacing, the lawyer of the other party does have a point) You must consult together and bear the costs of repair or replacement and determine what kind of material and height etc.Neem de volgende stap
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