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Ed Pawlowski Ed Pawlowski is offline
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Default neighbor's fence partially on my property

On Sat, 29 Jun 2013 16:48:23 -0700, Ashton Crusher
wrote:



.
Closing arguments by Defense Counsel - Your honor, plaintiff has
admitted that this 1.5" error in no way affects his continued use and
enjoyment of his property nor will it affect the value of the
property. It may even raise the value since there is now a fence
where there was none before. Inasmuch as the plaintiff has
demonstrated no actual damages I move for dismissal.

Judge: There has been no evidence presented showing any actual damage
to the plaintiff. Therefore I rule in favor of the defense and award
them court costs and attorneys fees to be paid by the plaintiff.
Perhaps that will send a message that the courts time should not be
wasted on these trivial matters.


Not quite the way I see it. To a point I agree the yard is still
usable. My conclusion is different.

Judge: For ignoring the law, the contractor must pay damages of
$xxx.xx for loss of land use and court costs and attorney's fees.
Perhaps in the future you will pay more attention and respect the laws
and neighbor's property.