On Monday, July 8, 2013 2:28:45 AM UTC-4, Ashton Crusher wrote:
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.

Do you live in the real world? You have a backyard where a 20' long fence
is going to be erected. We have two pins that mark the endpoints that are
agreed on. Now, could a fence contractor put up a fence as close as possible
to that line and make certain that they didn't go over the line by .15"?
Using commonly available tools, yes, if they really wanted to, they could
do that. One obvious and simple way is just build the fence over by 1"
or so on your own property, to make sure there is some margin for error.
Nothing hard about that, unless you're a skunk who wants to walk all over
other people, take advantage of them.

But if somehow they went over by .15", it's something that workers
taking reasonable care, might do and then I would agree a court would
probably say it's de minimus. But 1.5" you could avoid with a $1 string line.
And in my book, the standard for accuracy and due diligence goes up greatly
when the property owner previously told them not to do it. Plus, as stated
there is an OBVIOUS reason they went over the 1.5", which is to avoid a
zig-zag around a utility pole. All the evidence suggests it was deliberate,
*not* a mistake.