On Mon, 24 Jun 2013 13:24:14 -0400, "dadiOH"
wrote:


Both surveys show the line in the same place, right? And despite that, they
encroached on your property, right? Question: why did you not stop them?

I have no idea what the law is relative to this but law is usually rational
and follows common sense. Those lead me to two beliefs:

1. You can't just chop away

2. You can force them to move the fence and reimburse you for any expenses
you may incur in doing so.

What they *should* have done is set the fence into *their* property to
bypass the pole. That or get the utility company to move the pole
sufficiently onto their lot so they could put the fence on the line and
clear the pole.

I don't know if I posted this or not. When the guy put the fence
around my backyard, to avoid the downspout, he put ONE post an inch or
two onto my townhouse neighbor's property. He put the next post and
all the others right where they should be, and so the 8 feet from one
post to the other is at an angle, In our case, it's a corner of the
yard between the deck, the house wall, and the fence, where no one
goes except to connect the garden hose. No one has complained. I
wouldn't complain either if I had the house next door.

If you haven't already done so, sending them a registered letter with return
receipt might be in order; just state that their recent construction has
encroached on your property and tell them to rectify it within x days/weeks.

After that, lawyer time, good luck.

--

dadiOH