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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 13:32:55 -0400, Don Wiss
wrote:

On Mon, 24 Jun 2013 13:24:14 -0400, "dadiOH" wrote:

Both surveys show the line in the same place, right?


Correct.

And despite that, they
encroached on your property, right? Question: why did you not stop them?


I stopped them when they tried to put it 2 3/4" over. I showed them where
the line is. I assumed that they then did it right. Only now have I
discovered that they didn't. And the discovery was made when my fence guy
put in the side fence and it didn't line up with this fence. So we measured
to see what was going on.

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



That would slightly change my prior response since you did raise the
issue with them. That said, I think you would still lose if this goes
to court. There is only the most trivial of harm to you from what's
happened and it seems like the issue with your fence could have been
easily fixed at the time it was built had the contractor cared how it
was going to line up - apparently he didn't or he would have spotted
it before putting up your fence. In this kind of civil dispute
there's a good chance the court is not going to focus on
technicalities of the law, otherwise they would order a fence moved
even if encroached even a sixteenth of an inch over the property line.
The court is more likely to look at what an equitably/fair solution
would be after hearing from all parties. If I were the judge knowing
what I know at this point I'd not be likely to order the fence moved.
But another person as judge, god only knows what someone else might
decide. I'm having a hard time picturing how/why your fence was not
able to line up with this one.