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Default neighbor's fence partially on my property

On Monday, June 24, 2013 7:56:44 AM UTC-7, 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


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. (e-mail link at home page bottom).