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DerbyDad03 DerbyDad03 is offline
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Default neighbor's fence partially on my property

On Monday, June 24, 2013 12:28:46 PM UTC-4, Ken wrote:
Don Wiss wrote:

The back yard neighbor has put up a fence that is 1 1/2" on my property.


They have a survey. I also have a survey from the same surveyor. I showed


them where the line was. But they went ahead and did this in order to have


the entire top fit behind a phone pole that is on their property. Had they


not faced the good side towards themselves, it would not have been an


issue.




All that is on my property are the 4x4 posts and the top. Do I have the


right to slice the posts and top right at the line? The fence back is


attached to the fence sides, which would give it stability. The reason for


doing this is the properties are staggered. I'm adding a fence to the back


where this fence isn't, and it won't line up.




I know I have the right to cut off tree limbs that hang over. But do I also


have the right to cut back a fence that is hanging over?




Don. www.donwiss.com (e-mail link at home page bottom).






I agree with most of the others, you should talk with your neighbor

first. As for me, if the issue was 1 1/2 inches, I would tell him about

it and ignore it for now if it was established as a fact. You are not

forfeiting your property to him, just not objecting to a miniscule issue.



Finally, I am not so sure you have the right to cut off tree limbs that

hang over your property line. Most cities say you have that right if

they prevent you from using your property, but not for a simple

overhang. Can you imagine what most trees would look like if everyone

did what you proposed??


Are you sure that most cities have a "right to use" language in their ordinances? That is not how I have always understood it.

I have always thought that it worked like the first question at this site:

http://realestate.findlaw.com/neighb...neighbors.html

Just how would "right to use" be defined? If a neighbor's limb was scraping my roof, it wouldn't prevent me from using my roof or any other part of my property. Does that mean I can't cut it to protect my investment?

If the limb overhung my driveway and dripped sap and bird droppings on my vehicles, it wouldn't prevent me from using them or my driveway. Does that mean I can't cut them back so that I can enjoy my vehicles, not just use them?