wrote in message
oups.com...

glenn P wrote:
Since the fence is owned by both of you, the responsibility for/living
with
its misplacement is pretty much shared. I find it hard to believe the
whole
fence line would be 6" inside your property though.

According to the OP, the fence is neither misplaced, nor shared. It's
entirely inside his property line.



Here we go again...

Yes, if a fence is inside his property line, someone had to put it there,
and it's in the wrong position (6" inside), creating a communal impression
of an incorrect property line. Apparently not long enough has passed for it
to be considered an accepted property line.



If a survey proves you right, and you are still concerned about it - I
would
suggest (at least where I'm from) you'd be the one ripping up the 6" of
concrete (and returning it to your neighbour of course) - shortly before
demarcating your lines better....

Where is it that you're from that a neighbor can pour concrete on your
property and it's up to you to remove it and return it to the neigbor?




Don't bother with court - hire a surveyor, concrete saw & move that fence
(tell the neighbour first) - much cheaper!

And more bad advice. The proper sequence is surveyor, then lawyer to
understand your legal options. You MIGHT wind up in court, but the
above process is far more likely to get you there.



You don't seem to understand the court's (and the taxpayer's on their
behalf) loathing to get involved in petty matters. This is a problem between
two parties, who don't need to spend the city's funds on working out who's
right, because the laws are easily available to anyone who is trained to
look for them.

The doctrine of acquiescence appears not to be applicable here (not legal
advice due to insufficient information, state variations + I'm not even in
that country). This is (where I'm from) the only thing stopping the guy from
removing the offending concrete.

There's several courses in law available in night school I'm told...

Go for it, Onya fella!



"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
walkway back to his edge of the line (at least) before he sells. I
haven't
talked to him about it yet but I will be doing so soon. I may need to
get
a
surveyor to establish the property line. Then, if my neighbor won't
cut
his
walkway back I may have to take him to court. Does any one here
have
any
suggestions?

Bill S.