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Ashton Crusher[_2_] Ashton Crusher[_2_] is offline
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Default neighbor's fence partially on my property

On Mon, 24 Jun 2013 10:56:44 -0400, 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 think you would be on shaky legal grounds. From what you said you
knew when it was being built that it was on your property yet you let
them build it there. A court could rule that you effectively gave
them an easement by doing nothing to stop it when you could have. Not
knowing how the court might rule I'd not be cutting up someone's
fence. Why can't you just line your extension up with their fence? Is
it a concern that part will be on their property? If so, you and your
neighbor can just give each other a written easement for the others
fence. I don't recall the specifics but I'm pretty sure I've seen
something in the legal documents when I bought my house and it was
about how the fence was built straddling the property lines of
something or other about it to cover this issue.