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?

Both surveys show the line in the same place, right? And despite that, they
encroached on your property, right? Question: why did you not stop them?

I have no idea what the law is relative to this but law is usually rational
and follows common sense. Those lead me to two beliefs:

1. You can't just chop away

2. You can force them to move the fence and reimburse you for any expenses
you may incur in doing so.

What they *should* have done is set the fence into *their* property to
bypass the pole. That or get the utility company to move the pole
sufficiently onto their lot so they could put the fence on the line and
clear the pole.

If you haven't already done so, sending them a registered letter with return
receipt might be in order; just state that their recent construction has
encroached on your property and tell them to rectify it within x days/weeks.

After that, lawyer time, good luck.

--

dadiOH
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