On 6/24/2013 11:08 AM, DerbyDad03 wrote:
On Monday, June 24, 2013 10:56:44 AM UTC-4, Don Wiss wrote:
The back yard neighbor has put up a fence that is 1 1/2" on my
property. [snip]


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).

Well for one thing, I don't believe that your neighbor is allowed to
install the fence with the bad side facing your property. Unless
you've got some strange fence ordinances where you live, the standard
rules call for the good side to face the neighbors.

Seems to me that while they are "turning the fence around" they
should reposition it to be totally on their property. It could cause
serious issues later on if you or they decide to sell.

Second, are you sure that your local ordinances don't require a set
back for fences? My town allows the fence to be right on the property
line, but many municipalities don't.

Do you and your neighbor not get along? It seems wierd that you
pointed pointed out the property line and they still encroached upon
your property, apparently without any further discussion. How did the
property line discussion go when you brought it up?


+1

Methinks that you can turn this into a very expensive battle for your
neighbor and it won't cost you much as the building/zoning department
will take the lead on it. I'm also guessing he did this without a
permit - said permitting inspection would have prevented this in the
first place.

Maybe the best thing to do is sit down with him before the situation
deteriorates and talk this over and let him know - in a polite way what
could happen if the issues aren't resolved between the two of you in
some fashion.

Suggest that you also consider that while you most likely can win this
"battle," you could also precipitate a long running war.

As to the property encroachment... that is a sticky wicket - depending
upon your state, allowing that fence to remain in place for a certain
length of time with or without permission or even your knowledge can
result in the neighbor owning that tiny strip of land by what is known
as "adverse possession."

You may not care but the person who buys your property in ten or twenty
years may and/or use that loss to beat you down on the price of your
property.