On 6/24/2013 3:19 PM, Ashton Crusher wrote:
On Mon, 24 Jun 2013 09:08:57 -0700 (PDT), 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.
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).
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.
I've never heard of that "ordinance" . If I'm building a fence I'm
certainly not going to put the good side for my neighbor to enjoy
while I look at the bad side. But I'm out in the west. Knowing how
the eastern states tend to be Nanny states I would not be at all
surprised if such a silly ordinance existed back east.
I guess this is one of those cases of "just because you never heard of
it doesn't mean it doesn't exist."
I quote directly from my town's Town Code document:
(5) The most finished side of a fence must face the adjoining property.
If there is such a law then shouldn't there be a law that requires you
to build your house in a style and color that satisfy's your neighbors
taste? After all, they have to look at your house too. Should they
get to approve your shingles? If you park your cars near the property
line should you be required to park the best looking car on the side
closest to their property?
No, no and no.
....Snip...