On Monday, June 24, 2013 12:47:13 PM UTC-4, DerbyDad03 wrote:
On Monday, June 24, 2013 12:28:46 PM UTC-4, Ken wrote:

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 agree with most of the others, you should talk with your neighbor



first. As for me, if the issue was 1 1/2 inches, I would tell him about



it and ignore it for now if it was established as a fact. You are not



forfeiting your property to him, just not objecting to a miniscule issue.







Finally, I am not so sure you have the right to cut off tree limbs that



hang over your property line. Most cities say you have that right if



they prevent you from using your property, but not for a simple



overhang. Can you imagine what most trees would look like if everyone



did what you proposed??



Are you sure that most cities have a "right to use" language in their ordinances? That is not how I have always understood it.



I have always thought that it worked like the first question at this site:



http://realestate.findlaw.com/neighb...neighbors.html



Just how would "right to use" be defined? If a neighbor's limb was scraping my roof, it wouldn't prevent me from using my roof or any other part of my property. Does that mean I can't cut it to protect my investment?



If the limb overhung my driveway and dripped sap and bird droppings on my vehicles, it wouldn't prevent me from using them or my driveway. Does that mean I can't cut them back so that I can enjoy my vehicles, not just use them?

You're right here. In most locations you can cut tree limbs that overhang
onto your property back to the property line without any justification.
You don't see it done much because usually it's not an issue.