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RunningThenReversing t1_j9ow5be wrote

‘It’s not worth pursuing’ sounds like a sus response to receive from multiple attorneys. I thought the job of an attorney was to objectively present information in a persuasive manner. Seems like at least some of them would have told you you’re looking at a long, expensive pursuit and let you decide if it’s ‘worth pursuing’, or just declined the case without reason. Maybe you didn’t mean it that literally but it’s written like it was maybe only imagined. I would also think that surely at least one of them would tell you the appropriate course of action if you wanted to pursue it. Too common of a problem for this to be at a true impasse.

Also, for a surveyor being involved, the word ‘confirm’ doesn’t tell us much. Does that mean you had the property surveyed? A friends uncle who’s a surveyor stopped by and gave it a head-nod?

It sounds like if this is truly the situation and you’ve truly pursued all of those avenues you would have found something more substantial than Ask Reddit.

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Inume91 OP t1_j9p4ntm wrote

I didnt choose my words the best, my apologies. To be more clear, one law firm we talked to told us we essentially could just take it down and it didn't need to go to court. We talked to others to confirm if that was the case but one firm was too busy to follow up, one wanted way too much money, and the other said it was a civil case and they only took on criminal cases. The surveyor was a licensed contractor that we hired to define the property lines, marked by stakes and plotted on a map. We've tried sending a certified notice but they refused to sign for it , so that didn't pan out. We tried talking to the courts about it, but they said we needed to be represented by a lawyer. Cops said it was a civil matter and they couldn't do anything. I asked for help here because I didn't know what to do

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RunningThenReversing t1_j9p70ji wrote

Oh ok, my apologies for such a brash response on my end. Seriously, look into the city of richmond and zoning. This really seems to be something they should take care of, but so do roads…

Think of it like calling law enforcement except it’s for property infringement, which is a civil matter. The city has a tremendous amount of power via fines, leins, even escalating it if needed - that’s not to say RVA will do all of that, but that’s where I would start since the city never hesitates to get into your business when they decide it’s appropriate.

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CapeCharlesVA t1_j9p8ya8 wrote

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Unfortunately..

https://www.rva.gov/planning-development-review/faq

>There is nothing that the City can do about this issue; this is a private matter between the individual parties and must be resolved in civil court. Fences and privacy walls (or certain other structures) that are on your property without your permission are a civil matter between the owners and the City typically cannot force their removal. Contact an attorney experienced in real estate or property law in matters regarding property line disputes. The property survey will typically show all improvements on the property, including fences, walls and building setbacks, that may also help assist in determining the location of your property line.

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RunningThenReversing t1_j9pa67r wrote

Eeeewwww. I was afraid that was the case; I was just so spirited about my idea because I’ve been on the receiving end of that in a nonsensical scenario and the city was probably more aggressive than an attorney would haven been, for the same infraction.

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xRVAx t1_j9p6wa2 wrote

Have you talked to your neighbor about it?

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Comfortable_Bed_2533 t1_j9rj152 wrote

How did they not sign for the notice? That’s not a thing. If you send by certified mail, someone will have to pick it up from the post office even if they aren’t there at the property when the mailman tries to deliver it

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RunningThenReversing t1_j9rwc5i wrote

It’s a delivery requiring a signature, same as any other. They only make so many attempts and then return to sender.

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