On Thursday, June 27, 2013 3:02:17 PM UTC-4, Ashton Crusher wrote:

....snip...


You presented a clear contract law issue which is easily resolved

based on past precedent. The 1.5" property line issue is not the

same.



The use of the equity law is often for cases when the award of money

makes no sense. Show any real harm from the fence being 1.5" off.

How about 127 posts in a.h.r?

Is

that costing you money? No. Just because someone wants to be a dick

(and I'm not saying the OP is in this case) doesn't mean he will be

allowed to. This is a residential house and it's value is not

diminished because of the loss of 1.5" of property. If the error was

1.5 feet there would be something worth worrying about. Also, lets

say machinery needed to be moved in between that fence and the house

and losing 1.5" means the machinery no longer fits and the guy can't

run his business. In that case equity would be to move the fence.