On Sat, 29 Jun 2013 06:14:28 -0700 (PDT), "
wrote:

On Thursday, June 27, 2013 9:42:38 PM UTC-4, Ashton Crusher wrote:
On Thu, 27 Jun 2013 13:34:37 -0700 (PDT), "

wrote:
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.


I'm not missing anything. It doesn't matter what the law says. What
matters is what the judge says. And the law doesn't say you "can't
build something on another man's property." At best it might say "you
may not....". Obviously you CAN build something on another man's
property, just as happened her. Once that happens the parties to the
dispute must seek a remedy. If they cannot agree on a remedy between
themselves then they must go to court. At that point you have no
assurance of what could happen.

And to return to what's been said before, given that you CAN build on
another property, and that people DO build on others property, the LAW
even has provisions for those bad bad bad people who did that
dastardly act to actually wind up OWNING the other person's property
thru the LEGAL means of ADVERSE POSSESSION. So VERY clearly the LAW
recognizes that people CAN and DO build on others property and has
even made LEGAL provisions to ACCEPT the encroachment.

One thing I do agree with you on is that "the remedy is simple" in
this case. If you can't show any actual damage other then your pride
you will very likely have to live with it because quite frankly,
moving a fence over 1.5" is just silly and stupid when it affects
nothing of meaning. So the remedy is to get over it.