On Monday, June 24, 2013 5:39:58 PM UTC-4, Don Wiss wrote:
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.



Nonsense. Someone can't build a fence on your property just
because you didn't go over there and stop them from doing it.
All that matters is where the property line really is. If the
fence is on a neighbors land it goes.







I notified the architect last week, as soon as I knew about the problem.

The architect designed the fence. No response.

I don't know why you would notify the architect. You should have
sent a registered letter to the OWNER.



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.

Again, why haven't you notified the owner?

I really doubt the owner has any

idea that the fence is partly on my property. All was handled by the

architect and contractor.


Seems rather odd that you know who handled what and are
engaging with the wrong people.





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.




Where were you when it was going up? If that 1.5" really bothers
you so much, why didn't you go over there and tell them to stop.
Tell whoever was putting it up that you want to speak to the owner.
Call the police if you had to.

Unless there is some special issue here, being off by 1.5" doesn't
seem like it would upset most folks. I sure would not cut any part
of the fence.

You stated that they went the 1.5" so that they could clear a telephone
pole that is on their property. And that if they had put the good side
toward you, that the extra 1.5" would not be necessary. So, I would go
to the local code officials and get a copy of the fence ordinances. As
DerbyDad said, in many places if there is a difference in the two sides,
the better looking side has to face out. If you're luck, that could be
the case where you are. Then they have to redo it anyhow.

If that route doesn't work, then I guess you have to figure out how
important that 1.5" is to you and if you want to have an angry neighbor.
If it was a foot, even half a foot, I could see it. With 1.5" I'm having
a hard time.