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Roy Roy is offline
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Default neighbor's fence partially on my property

On Saturday, June 29, 2013 11:25:22 AM UTC-6, DerbyDad03 wrote:
On 6/29/2013 9:14 AM, wrote:

On Thursday, June 27, 2013 9:42:38 PM UTC-4, Ashton Crusher wrote:




...Major Snippage Occurred...







The thing you keep missing is that this is NOT a contract dispute. The




guy who built the fence did NOT have a contract with the OP, he had a




contract with the owner of the house who had the fence built. If the




court ruled that the fence had to be moved, THEN that homeowner would




have a contract dispute with the contractor who failed to build it on




the property and HE could sue for performance if teh contractor




refused to move the fence. The OP has no standing to sue based on the




contract, he's not a party to it.






What you keep missing is the law says you can't build something


on another man's property. The remedy for that is simple. The


fence gets moved. This isn't some innocent mistake. It's an overt


act of the neighbor or his workmen, not giving a damn and deliberately


putting a fence on another man's property, even after being told


by the owner not to. You want to now believe that a court is going


to get into what is "fair", to make the guy infringed prove that


he's really harmed. This is absurd. The court will order the fence


to be moved. And it's not that it's impossible to do, it's a tiny


backyard with what, 40ft of fence? Good grief.






No argument from me, but just from a practical point of view, moving 40'

of fence 1.5 *feet* would probably be easier to do than moving 40' of

fence 1.5 inches.



If the post holes had the typical 80 lb bag of cement dumped into each

hole, moving them 1.5" is going to be kind of hard - I agree: not

impossible, but kind of hard.

===

An awful lot of bull**** over 1 1/2 inches of space which WILL NEVER BE USED BY
ANYONE. This guy watches the contractor build the fence where it now is and THEN
complains. Why didn't he say something BEFORE it was completed? He KNEW that it was going AROUND that power pole...by letting the building continue he was
by his inaction OKAYING the whole shebang.