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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 11:59:05 -0700, "Malcom \"Mal\" Reynolds"
wrote:

In article ,
Doug Miller wrote:

Don Wiss wrote in
:

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


One and a half **INCHES** ? Really? You're making a fuss about one and a half
**INCHES** ?

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?


You'd better be damn sure that the survey is dead-nuts accurate, before doing
anything at
all. And your next step after that should be to talk to your neighbor.


at this point since he pointed out the "error" to the neighbor and the
neighbor acknowledged the error, it's the neighbors problem


I see it as sort of teh opposite. He knew of the problem and failed
to take any action, not even a simple handwritten note telling the
neighbor or contractor "Hey, your about to build in my property -
DON'T!". So I think it's Don's problem now. His lack of action when
he had the opportunity implied acceptance. Sort of like the supposed
rule of traffic accidents, the person who had the last real chance to
avoid the accident may be found liable even if it was the other guy
violating the traffic law.