"Don Wiss" wrote in message
...
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.

Is this fence a one sided fence with posts on one side and finished surface
on the other? In many regions one is required to place the posts on the
owners property and have the finished side facing the neighbor's side on the
property line. If a dispute is involved the person with the posts is deemed
the owner. Two sided fences where both sides are finished are often built
straddling on the property line and the costs shared by both property
owners. If one builds a fence at his own cost it is normally built on their
own land, that way they have full control over it. My fences are built about
2" inside my property line so I own them fully.

You may want to contact your local authorities as fencing is a constant
source of disputes that they have to police, they will provide the rules and
regulations that cover fencing in your area. You may find that you own the
fence your neighbor built, but get a ruling first.