On Thu, 3 Oct 2013 17:39:38 +0000 (UTC), DerbyDad03
wrote:

" wrote:

...snip...



There may be no need to ask a court to make him do
anything. For example cites were cited here for states
where if a neighbor puts up a fence on your property, you
just need to give him some notice and if the fence isn't
removed, you can tear it down. And I'd say that is one
of the more lib states. In others, if it's on your property
and you tear it down, well that's your right.

...snip...

That may indeed be the case, but what does that accomplish? It accomplishes
no fence. The OP wants the neighbor to move the fence off of his property.
I doubt he wants the fence torn down.

If he exercises his legal right to remove the fence himself but he still
wants a fence, he is then left to pay for his own fence. 'Twere it me, I'd
fight tooth and nail to get the fence moved legally.

Of course, if the OP wins and the neighbor choses to tear the fence down
and not rebuild, either out of spite or because he just doesn't care
whether he has a fence or not,

And without a fence, he'll be able to do a better job of blowing
things onto the OP's lawn. Progress, that's what it's about.


then the OP would have to put up his own
fence, but at least he'd get his property back. Is that worth it? Only the
OP can say for sure.

However, what if the existing fence is grandfathered in and under today's
code a new fence cannot be built? The OP wins his legal battle, the
neighbor removes the fence but decides not to rebuild it, even if he is
grandfathered.

Now the OP has his 6" back, but he has no fence, which might suck big time.
I would certainly like to know the zoning situation before I tore down a
fence that I might not be able to put back up.