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DerbyDad03 DerbyDad03 is offline
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Default neighbor's fence partially on my property

Ashton Crusher wrote:
On Wed, 10 Jul 2013 21:06:45 +0000 (UTC), DerbyDad03

Ashton Crusher wrote:

I assume the posts are in concrete but that may be a bad assumption. I
have to wonder if the people who are so insistent that a 1.5" error on
the SURFACE must be corrected don't care that under the surface the
concrete encroach's on the neighbor.

Why, after all this time, and even after your earlier acceptance of the
facts, are you still using the word "error"? I really thought we had gotten
past that issue.

Have you now reached the point where you are arguing just to argue? When I
trim the limbs of my neighbor's tree that hang over my house, do you think
that I dig down along the property line and remove roots? Can you guess why
I don't?

It's an error, that's why.

Holy cow, you're right. When someone places a fence on another person's
property for the expressed reason of making sure it fits around a pole,
that's an error, a mistake, pure happenstance.

I wonder what something done on purpose looks like.

Seems to me you fit the bill of someone
arguing just to argue. And why don't you answer the question about
the concrete? Concrete is not "limbs" or "roots" that can grow on
it's own, it's something man-made that was PLACED on the other persons
property. You seem to be ok with that.. why is that?

I really didn't think I had to explain that, but since you asked so nicely,
I will. I'll go slowly and explain the difference between the fence and the
concrete. Perhaps once I do, you'll understand my point about the roots.

The Fence:

The offending fence is above ground. The offending fence made Don's yard
smaller. The offending fence will cause the fence that Don wants to install
(in it's legal location) to either not line up with the offending fence or
be at an angle or be inwards of the property line making his yard even

The Concrete:

The concrete is below ground. Grass and/or gardens can be planted right
over it. Mulch can be placed right over it. Unless Don is planning on
digging down right along the fence line (an illegal pool perhaps?) the
concrete will have no impact on him or his yard.

That is why I am "ok with that".

What if instead
of the concrete being the usual roughly 9" diameter, making it
encroach several inches, it was a 3 foot diameter blob that encroached
1.5 feet? It's implicit in your dismissal of the concrete as a
problem that you understand that some things are so trivial as to be
meaningless yet you keep wanting to fight over the 1.5 in by 6 inch x
5 post encroachment (a total encroachment of 0.31 square feet). In
your world you'd just go tear down the whole fence over this 0.31 sf
of property loss.

If that were the case, and the concrete negatively impacted Don's ability
to enjoy his yard, then the concrete would indeed be an issue. However,
since Don has not that brought that up, and only asked in his OP about
cutting the fence, I'll assume one of two things: The concrete is below
ground so as not to bother him or the concrete is above ground but it
doesn't bother him because it's not causing any issues. The fence itself is
causing issues with the fence that Don wants to install, so that has a much
bigger impact.

Of course, all of this pales in the face of the simple fact that the
contractor intentionally installed a fence on Don's property without Don's
expressed permission to do so. That in and of itself just isn't right.