DIYbanter - View Single Post - neighbor's fence partially on my property

Tony Hwang

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.

Hi,
Also I am wondering what is surveyor's allowed margin of error?
Making enemy of neighbor with 1.5" overlook or mistake or whatever.
Is it worth it?