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).

I didn't read all of the rest of the posts since this is a long thread. So,
maybe someone else already expressed this, but..., the building codes in
your area usually specify where a fence can go etc. It usually includes
something baout which way the "good" side of the fence must face (usually on
the outside. facing you). And, it usually specifies which side of the line
the fence should go on and whether the fence can or cannot be mechanically
attached to another existing fence.

I tried looking at the onien eCodes but New York and Brooklyn Borough don't
seem to be published online:
http://www.generalcode.com/ecode360/NY .



Good luck.