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DerbyDad03[_4_] DerbyDad03[_4_] is offline
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Default neighbor's fence partially on my property

On 6/28/2013 6:00 PM, Ashton Crusher wrote:

....Major Snippage Occurred...

Just out of curiosity, what do you think would happen if this case was
slightly different... lets say that the contractor built the fence 1.5
inches away from the property line. Now that owner sees this and
tells teh contractor to move the fence over 1.5". The contractor
refuses. This would actually be a case in contract law. What do you
think the judge would say? Would he tell the contractor he must move
teh fence so it is EXAXCTLY on the line but not over? Or would he
listen to the contractor say "I always build a little short of the
line to be sure I don't put the homeowner in jeopardy should it turn
out there is a slight survey error. In 20 years of building fences no
one has ever complained before. I don't think it makes sense to move
the fence and create the possibility of encroachment." and after
listening to the contractor the judge might say "You re right, this is
an insignificant deviation that creates no actual harm to the
homeowner. Case dismissed.

Just as would happen for the case in question....



There's a huge, huge, huge (that's 3 x huge) difference between a
dispute involving the incorrect placement of a fence by a contractor
when the fence is entirely on the property of the individual that
signed the contract and the incorrect placement of a fence onto the
property of someone who is in no way involved in the contract.

I seriously doubt that even the same judge would consider an
encroachment onto a third party's property equivalent to the fence
between placed inside the property line of the land owner whocontracted
the fence.