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Ashton Crusher[_2_] Ashton Crusher[_2_] is offline
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Default neighbor's fence partially on my property

On Tue, 09 Jul 2013 17:36:57 -0400, Don Wiss
wrote:

On Tue, 9 Jul 2013 10:49:45 -0700 (PDT), wrote:

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.


Not in the near future. And if I do send it, I wouldn't be copying NYC.

I met with the architect today. Even the sides where he put cement board
between the soil and the wood are problematic. He says the contractor
thought he left enough leeway that it wasn't on my property. I don't know
what markers the surveyor left for his survey on that property. But the
dimension he gave them from the house to the back line became less useful
to them after the neighbor built an addition across the back of his house.
The backside of the house as a reference point was lost.

I'm not going to do anything until the city inspector comes and cites the
owner for the fence being too tall, and gives some opinion on the 3/4"
cedar retaining wall that is already bulging some.

Then I will work with the architect and contractor to resolve it. Remember,
the architect is also my architect. And the contractor was to be my
contractor, though he is so slow on that job I no longer trust him to
renovate my kitchen in a timely fashion.

Don. www.donwiss.com (e-mail link at home page bottom).


Maybe you can clarify something. Originally I was left with the
impression that immediately before this fence was built there was a
brand new survey done outlining all the corners of the lot. From what
you wrote above it sounds like that survey was a while ago and that
since that time some of the reference points for the survey have been
destroyed and the property line was established as best it could be
with whatever reference points were left. If that's the case how much
assurance is there that the presumed current fence line for this new
fence is within 6 inches of the right spot?