On 6/24/2013 8:56 AM, Don Wiss wrote:
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.

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? The fence back is
attached to the fence sides, which would give it stability. The reason for
doing this is the properties are staggered. I'm adding a fence to the back
where this fence isn't, and it won't line up.

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).

If a neighbor builds a fence 2 feet onto my property and uses the land
for a specified time I can loose it through "adverse possession".
(Probably not relevant for you.)

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I used to believe in surveyors. One of the reasons I lost my faith is a
survey of a small warehouse where both of the long dimensions were about
6' off to the west. One of the lot lines went through a loading dock.

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I think very accurate surveys can be done by placing a 'device' at a
know location, like a USGS survey point, and using GPS. The 'device'
broadcasts error signals between the GPS location and the actual
location. But then is the base survey as accurate?