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[email protected] clare@snyder.on.ca is offline
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Default neighbor's fence partially on my property

On Mon, 24 Jun 2013 12:58:51 -0400, Don Wiss
wrote:

On Mon, 24 Jun 2013, "David L. Martel" wrote:

Destroying your neighbor's property is not legal.


That is a good point. Though it wouldn't exactly be destroying.

It's not clear in your
posting why you and the neighbor aren't resolving these issues though it
sounds like you see mountains where others see mole-hills. Here are some
options.


One of the problems is the neighbor cannot move the fence. After he put it
up he piled over two feet of soil on his side. It is a cedar fence. I
gather at some point it will rot and the soil dump onto my yard.


So he obviously did not have a grading permit - is your municipality a
zoned municipality? sounds like it. What effect will his grading have
on your drainage? Will it divert water onto your propery?

If after talking to him, civily, he does not give you a satisfactory
response your only recourse would be the building/planning department
and bylaw enforcement. Sounds like his fence is overheight, which he
tried to remedy by backfilling - and he is using a fence as a
retaining wall, and he likely has not got a grading or drainage permit
- all of which are more serious than 1 1 1/2" encroachment.

You may write to your neighbor giving your permission for his encroaching
fence. This may prevent "adverse possession" of the property and may help
heal whatever ill feelings exist.


Possibly. But I still have a mismatch between the part of my back yard with
this fence and the rest of my back property line.

You may complain to various municipal inspectors about the fence. There
may be a need for a building permit. There may be a need for a setback.
There may be a requirement that the "good" side of the fence face outward.
This shouldn't be expensive.


There is no need for a permit for a fence 6' or less. This is 7'. The
height is illegal, as he did not file for a permit. There is no need for a
setback. With backyards that are 20' x 29 5-3/4" a setback wouldn't make
sense. There is a setback for a/c condensers that no one follows. There is
no requirement that the good side face the neighbor. It is only fence
etiquette.

You may sue in civil court (this is not a small claims case}to get an
order to fix the fence. You'll probably need a lawyer to do this.


But far simpler than all of this is to simply slice off the part that is in
my yard. Very simple to do.

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