On Monday, June 24, 2013 9:56:44 AM UTC-5, Don Wiss wrote:
The back yard neighbor has put up a fence that is 1 1/2" on my property. They have a survey. I also have a survey from the same surveyor. I showed them where the line was. But they went ahead and did this in order to have the entire top fit behind a phone pole that is on their property. Had they not faced the good side towards themselves, it would not have been an issue. All that is on my property are the 4x4 posts and the top. Do I have the right to slice the posts and top right at the line? The fence back is attached to the fence sides, which would give it stability. The reason for doing this is the properties are staggered. I'm adding a fence to the back where this fence isn't, and it won't line up. I know I have the right to cut off tree limbs that hang over. But do I also have the right to cut back a fence that is hanging over? Don. www.donwiss.com (e-mail link at home page bottom).

When is Mr. Wiss going to craft a letter and send it by registered mail return receipt requested to the offending back-lot homeowner???? There is a lot of almost random speculation going on here, Mr. Wiss could settle most of it by formally notifying the property owner that his fence is in violation of (height, location, etc?) and stating in the letter EXACTLY what the offending homeowner must do to satisfy Mr. Wiss. I would also send a copy of the letter to the city official/dept that is responsible for enforcing whatever laws Mr. Wiss cites. This isn't quite rocket science, these things have been going on for centuries and the remedy is to do what I just suggested.