On Monday, June 24, 2013 4:01:20 PM UTC-4, Unquestionably Confused wrote:
On 6/24/2013 11:08 AM, 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. [snip]





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.



Seems to me that while they are "turning the fence around" they

should reposition it to be totally on their property. It could cause

serious issues later on if you or they decide to sell.



Second, are you sure that your local ordinances don't require a set

back for fences? My town allows the fence to be right on the property

line, but many municipalities don't.



Do you and your neighbor not get along? It seems wierd that you

pointed pointed out the property line and they still encroached upon

your property, apparently without any further discussion. How did the

property line discussion go when you brought it up?





+1



Methinks that you can turn this into a very expensive battle for your

neighbor and it won't cost you much as the building/zoning department

will take the lead on it. I'm also guessing he did this without a

permit - said permitting inspection would have prevented this in the

first place.



Maybe the best thing to do is sit down with him before the situation

deteriorates and talk this over and let him know - in a polite way what

could happen if the issues aren't resolved between the two of you in

some fashion.



Suggest that you also consider that while you most likely can win this

"battle," you could also precipitate a long running war.



As to the property encroachment... that is a sticky wicket - depending

upon your state, allowing that fence to remain in place for a certain

length of time with or without permission or even your knowledge can

result in the neighbor owning that tiny strip of land by what is known

as "adverse possession."



The neighbor would also have to be paying the taxes on the
1.5" of property, which seems unlikely.




You may not care but the person who buys your property in ten or twenty

years may and/or use that loss to beat you down on the price of your

property.

Yeah, I can see that 1.5" having a big impact on the price.