On Wednesday, October 2, 2013 8:47:11 AM UTC-4, Art Todesco wrote:
On 10/1/2013 3:42 PM, 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?



Probably on both things, however, if you want to keep peace, just suck

it in and forget it. In my previous house on a small 1/5 acre lot in a

suburban environment, the neighbor built a deck on the side of his

house. The posts were really close to the lot line on his side of the

line. But, the overhang was definitely over the line.

This situation is different. It's not an overhang, it's fence
that is apparently 6" over on his property. If he's OK with losing
that 6" via adverse possession, then he can live with it. In your
case, there was no risk of property loss.


I never said

anything and sold the house with no problems. On my present property,

3.5 acres in a rural mountain environment, we built a little walk bridge

over a small creek on the edge of the property. The lot line is down

the middle of the creek, so, the far end of the bridge is definitely on

the neighbor's property. He didn't seem to care as he has 100 acres and

his house it about 1 mile away up the mountain.


And of course you didn't bother to do the right thing and ask if it was
OK.




But, if he should say

anything, I have one on him. He has a gate across the road leading to

this house. One of his gate posts is actually on my property. I don't

really care.

If it's just a post, I wouldn't care either. But a fence that's 6" over
on my property with a neighbor that is giving my problems, that's another
story.