View Single Post
  #36   Report Post  
Posted to alt.home.repair
[email protected] trader4@optonline.net is offline
external usenet poster
 
Posts: 4,500
Default neighbor built over my property line


glenn P wrote:
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.


In the wrong place according to whom? If I put up a fence, I would do
it exactly as the OP did, with it slightly inside my property line. I
don't care about a "communal impression." I want a fence that I own
and control. If you place it on the property line, in most cases
it's a jointly owned fence that the property owners on each side are
now jointly responsible for.






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.


Oh, really? Do you pull your own teeth? Take out your appendix too?
Someone who has a neighbor that poured a sidewalk 6" on there
property and wants to know their options, needs a lawyer. Last time I
checked that's exactly who's trained to look for laws, interpret them
and figure out what course of action is available.

And what's your problem with someone who pays real estate taxes for
years calling up a code official to ask about the municipality's
regulations on where you can place a sidewalk, permits, etc? He's
paying the guy's salary, isn't he?




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!


Yeah, that's a good idea, go to law school instead of getting a free
consultation with a lawyer or calling up the code official. You must
have an interesting time getting through life.