On Sun, 7 Jul 2013 18:40:00 -0700 (PDT), "
wrote:
I agree with your point here. The one irrefutable fact is that
there is a 20 ft fence built on land that the owner of the land
says:

A: He did not authorize it

B: He saw they were going to build the fence on his property and
told them not to.

C: There was a clear boundary line, no dispute as to where it was

D: The fence got built on the property anyway.

All the rest is at best he said, she said. Very easy for a judge
to just cut through all that crap, if it's even raised and tell them to move the 20 ft fence. Ashton is going on like having to move that stupid little
fence is some great burden on those that put it there. It's a little
20ft fence built on the wrong property.




IMHO, if there was a case of Homeowner A said-Homeowner B's contractor

said, and Homeowner A was the one whose property was encroached upon by

Homeowner B's contractor, the judge will side with Homeowner A. To side

with the contractor puts us into the realm of allowing the taking of

someone else's property with nothing more than the contractor saying "Your

Honor, he said I could. Ask my partner, he'll back me up."



Ahmen to that brother. In Ashton's world, a neigbor can put up
a fence on your property, despite being told not to and then somehow
it's up to you to prove
that you really, really needed that property, to get it back.
To prove that it's
a hardship on you to lose a bit of your property. I think
you and I agree courts don't like to reward bad behavior. If they
OK this, then why wouldn't the next shyster neighbor or contractor
pull the same thing, only worse?



Yes, it's so obvious that a 1.5" error is no different then a 1.5 foot
error, or a 15 foot error. And a 0.15" error is similarly just as
much a violation of the property line and also would be ruled by a
judge as sufficient to warrant moving the fence. I know I'm
convinced.