Les wrote:
What use do you have for that six inches of property? How can you
possibly enjoy it with your fence blocking access? I'd just write it
off and be done with it. If the fence ever needs replacing, talk to
your neighbor with survey in hand to make sure you two are on the same
page when you install the new fence. Then try to put your fence up to
the edge of your property or even center the fence on the property
line. The fence benefits both of you, so maybe your neighbor would
even help replace a fence when/if it comes into dis-repair.


How is he going to put any new fence on his property line when that
would put the fence 6" into the neighbor's sidewalk? I'm amazed that
people would put up with this crap from inconsiderate AH neighbors. I
would not put up with it.

First, you need to get at least a first order understanding of exactly
where the property line is. If there are existing metal stakes or
monuments, that would be OK to start. If not, then you need a survey,
which you will anyway if you're going fully purue this.

If the sidewalk is on your side, then I would next check with local
code officials and see what code says about how close to property lines
sidewalks can be placed, if permits are needed and if so, was a permit
obtained. I'd also do this for your own fence to make sure you are in
compliance as this is surely to come up as you pursue it. If there
is an obvious code violation, then I'd start with that angle, as you
may be able to get the municipality to take action.

I would not just let this go, as some have suggested, for several
reasons. Laws vary by state in situations like this and no one here
can tell you the exact laws in your state. If you let this go, you
could wind up with the neighbor having either an easement or possibly
even actual claim to the land under the sidewalk. And what if you want
to sell your home one day? With current disclosure laws, in most
places, you would be required to disclose that you know about this
encroachement. And if you play dumb, what if the seller finds it out
before closing and then demands that you fix it? It could tie up your
selling your home for months or more. Or finds it later and takes you
to small claims court?

Right now, if the neighbor is trying to sell his property, you are in a
much better position. He has every incentive to quickly rectify this,
otherwise, he's got a problem that could block his sale. Plus, if
he's moving, even if you **** him off, he will be gone.

Why didn't you notice this and do something about it when the forms
were going up? That certainly doesn;'t make it your problem though.
Anyone doing any work like this close to a property line should have
been the party getting a surveyor out to establish the correct line.







"Patches Forever" wrote in message
news
I have a fence that encircles my property and (I believe) it is built 6
inches inside of my property line. A few years ago one of my neighbors
poured a concrete walk right up against the fence, i.e. it is 6 inches
over
the line. I never said anything because it doesn't cause me a problem,
however he is now going to sell his house and I think he should cut the