On Fri, 28 Jun 2013 05:42:54 -0700 (PDT), "
wrote:
On Thursday, June 27, 2013 10:28:18 PM UTC-4, Ashton Crusher wrote:
On Thu, 27 Jun 2013 21:28:45 -0400, wrote:
On Wed, 26 Jun 2013 22:13:02 -0600, Tony Hwang
wrote:
wrote:
On Monday, June 24, 2013 3:30:18 PM UTC-4, Ashton Crusher wrote:
On Mon, 24 Jun 2013 13:32:55 -0400, Don Wiss
wrote:
On Mon, 24 Jun 2013 13:24:14 -0400, "dadiOH" wrote:
Both surveys show the line in the same place, right?
Correct.
And despite that, they
encroached on your property, right? Question: why did you not stop them?
I stopped them when they tried to put it 2 3/4" over. I showed them where
the line is. I assumed that they then did it right. Only now have I
discovered that they didn't. And the discovery was made when my fence guy
put in the side fence and it didn't line up with this fence. So we measured
to see what was going on.
Don. www.donwiss.com (e-mail link at home page bottom).
That would slightly change my prior response since you did raise the
issue with them. That said, I think you would still lose if this goes
to court. There is only the most trivial of harm to you from what's
happened and it seems like the issue with your fence could have been
easily fixed at the time it was built had the contractor cared how it
was going to line up - apparently he didn't or he would have spotted
it before putting up your fence. In this kind of civil dispute
there's a good chance the court is not going to focus on
technicalities of the law, otherwise they would order a fence moved
even if encroached even a sixteenth of an inch over the property line.
The court is more likely to look at what an equitably/fair solution
would be after hearing from all parties. If I were the judge knowing
what I know at this point I'd not be likely to order the fence moved.
But another person as judge, god only knows what someone else might
decide. I'm having a hard time picturing how/why your fence was not
able to line up with this one.
You're misinformed as to what courts and judges do. They aren't
there to figure out what is fair.
They are there to apply the rule of law. And I think you will find
plenty of case law that says you can't build something on another
person's property. 1.5" isn't much, but it's also clear why they did
it. By doing it, they got their fence around a telephone poll.
IMO, this would be a slam dunk win, and the fence would have to be
moved. To follow your reasoning, a neighbor could build his house
where it's not supposed to be, then because it's an inconvenience to
redo it, he gets away with it.
Hi,
Ever heard there is no law but exceptions?
That's what minor variances and adjustments are for.
Which is exactly what a 1.5" mistake is.
Despite expressing opinions, you haven't even read the
facts. As the facts are stated, it was most definitely
*not* a mistake.
Are you sure? Yes, the initial error was pointed out. Do we know
that the guy who was party to the conversation was the actual guy
digging the holes? We know he did move the first erroneous posts
back. Not enough apparently. But can we be sure there was not a
misunderstanding between the OP and the contractor as to what was to
be moved back? The OP's intent was that NOTHING encroach but perhaps
teh contractor thought the OP meant that he didn't want the face
boards encroaching but didn't care if the posts did. Or maybe he
intended that nothing encroach but he did the math wrong when he
figured how far back he needed to move things. What do you suppose
will be testified to in court? I have seen many instances of this
kind of miscommunication and it's certainly within the realm of
possibility here. So I again offer MY opinion that if this went to
court the judge would say "You're here to complain about a 1.5"
accouchement!!! Case Dismissed, or perhaps "I'll award you $150 for a
counseling session".