On Fri, 28 Jun 2013 06:57:10 -0700 (PDT), DerbyDad03
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.

If I am understanding the situation correctly - based on what Don has written - it wasn't a mistake.

Let's recap:

From the first post in this thread:

"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."

Key point: Don said the neighbor did it, but later he "clarified" that and said he didn't talk to the neighbor, he talked to the contractor.

*Time out for some defense lawyer speak: If he started this thread with a false/unclear statement, can we really trust anything he says after that? He first said "The back yard neighbor..." followed immediately by "_They_ have a survey" and mentioned a pole "on their property". At that point in the thread it was not clear who "they" refered to, but we all assumed it was the neighbor. Only later did he clarify that "they" meant the contractor. That also mean that the statement about "on their property" was essentially false.

OK, if we ignore the "who is they" issue, the key words from his OP are "I showed them where the line was. But they went ahead and did this..."

Later, when you (Ashton) said:

"I think you would be on shaky legal grounds. From what you said you knew when it was being built that it was on your property yet you let them build it there"

Don replied:

"NO. I stopped them from putting it 2 3/4" over and told them to not put any
of it on my property. I showed them where the line is."

So, if we choose to believe what Don has posted, as soon as they (the contractor) started to install the fence 2 3/4" over the property, he talked to the contractor and informed him as to where the property line was.

If, in fact, the contractor installed the fence 1 1/2" (later reduced, by Don, to 1 1/4") in order to clear the aforementioned pole, then there was no "mistake". The fence was intentionally installed on his property.



Hopefully you read my immediately prior post of a minute ago. There
is plenty of unknowns here in terms of what was said and more
importantly, what was actually understood. In addition, we cannot
rule out that the contractor intended to get it ALL on the right side
of the "line" but made a calculation error.