On Mon, 24 Jun 2013 12:14:26 -0700, Ashton Crusher wrote:

I see it as sort of teh opposite. He knew of the problem and failed
to take any action, not even a simple handwritten note telling the
neighbor or contractor "Hey, your about to build in my property -
DON'T!". So I think it's Don's problem now. His lack of action when
he had the opportunity implied acceptance.

I notified the architect last week, as soon as I knew about the problem.
The architect designed the fence. No response. We are talking a couple
months since the fence went up. No way does that imply acceptance. I have
now notified the contractor. No response. I really doubt the owner has any
idea that the fence is partly on my property. All was handled by the
architect and contractor.

Remember they started to put it 2 3/4" on my property. I stopped them and
told them to fix it. My assuming they would do as I ask does not imply
acceptance.

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