On Wednesday, October 2, 2013 2:35:02 AM UTC-4, Ashton Crusher wrote:
On Tue, 1 Oct 2013 12:42:12 -0700 (PDT),

wrote:



My back neighbor's fence is on my property anywhere from 1 inch up to 6 inches in places. We have known about this since we moved in but felt that 6 inches wasn't anything to really worry about. However, this neighbor has been nothing but a pain in the behind. Last year he tried to claim 2 feet of our yard because a next-door neighbor was putting up a fence. He hired a company to survey the property which clearly shows the fence is on my property. Now he is blowing his yard waste through the fence and into my yard along with any sticks/branches that fall from his trees over the fence into my yard. We had planned on ignoring the 6 inches but now I want him to move the fence in accordance with city ordnance of 6 inches inside the property line.



We have been dealing with his unstable ways for 7 years now and I've had my limit. He was blowing leaves into our yard last night and I politely stated, "Mr. Howard I would appreciate it if you did not blow your yard waste into my yard." He became very belligerent and hostile, accused me of having an unkempt yard and kept calling me sweetheart. He said "There's nothing you can do to stop me sweetheart." Sorry but that just sounds like a challenge to me and I've had enough of his condescending ways towards women.



Two questions: Can I legally make him move the fence in a set period of time? Can I legally remove the fence that is on my property?





How do you know it's his fence rather then yours?

That's a good question.

Do you keep and

unkempt yard?

I'd start by googling adverse possession together with the state.
Find out what the time limit is and see if it can be determined how
long the fence has been there. It's apparently been at least 7 years.
It's possible the neighbor already has a claim s claim via adverse
possession that the 6" of property is now his. But some states also
have laws that except claims for small errors due to a fence, etc.

Then she's probably going to need a lawyer's advice about how
to proceed. If it doesn't meet AP law, time limit, etc, then
she can take the fence down and put up her own fence. But as per
the recent other thread, there are some states that have laws
where you need to notify the neighbor that has put up a fence that
is off by a foot or two and give them a certain amount of time
to take down/move the fence themselves. If they don't then you
can do it yourself.

As for throwing debris, blowing stuff into her yard, I'd start
videoing the neighbor when he's doing it. That might be enough
to stop it. If it doesn't, then call the police, show them the
video. They will likely go over and talk to the guy and if he
persists, she can press charges.