On Monday, June 24, 2013 12:30:18 PM UTC-7, Ashton Crusher wrote:
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.

Everybody is having a cow over inches.
It seems to me that the real issue is that the "good" side is facing the neighbor. How complicated would it be to have the fence re-finished such that both sides are "good". That was done without my asking many years ago; the contractor put up a double-sided fence.

Could you look into this, friendly-like, with the neighbor, and if absolutely necessary, put up a share of the cost?

None of this is to denigrate the usefulness of having a correct survey, copy in the bank.

HTH

HB