A few months back I had a privacy fence built on one side of my property on what I believed to be the property line. After completing a land survey I realized it encroached neighbor's property and so I have paid another contractor to replace the fence entirely based on this info. The neighbor has refused to let the contractors remove the old fence and calls the cops for "trespassing". If the neighbor refuses to allow me to remedy the situation, what right do they have to sue me for damages?
It almost sounds as though the neighbor wants that fence to remain on his/her property. I'm assuming you've already tried asking the neighbor if he/she will allow your contractor to remove the fence? If he/she does not want it removed it might be difficult for him/her to later ask a judge for damages against you ... he/she is actually benefiting from the work that was performed ... so if he/she later tried to sue you for damages maybe you would have a counterclaim for unjust enrichment? Maybe the neighbor thinks you'll try to ask him/her to pay for the removal of the fence ... or for the installation of the fence? If you don't intend to try to charge your neighbor for anything then maybe letting the neighbor know that first and then asking what he/she would like done with the fence, if anything, would resolve the issue.
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