On Thursday, October 3, 2013 7:50:26 PM UTC-4, Ashton Crusher wrote:
On Thu, 3 Oct 2013 08:59:37 -0700 (PDT), "
wrote:
On Wednesday, October 2, 2013 5:11:50 PM UTC-4, 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.
Wow! A whole six inches?
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.
Let me get this straight... You have known about this for seven year,
now he as ****ed you off for something totally unrelated, so to get
back at him you want to force him to move the fence. Does that sum it
up?
Two questions: Can I legally make him move the fence in a set period of time?
You can ask a court to "make him".
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.
that's a very dangerous approach. Until you look up and get familiar
with the case law, taking precipitous action based on a personal
interpretation of what's written in the statues is a good way to wind
up losing your shirt.
What's a dangerous approach?
I didn't tell anyone to take any precipitous action. I
only said that I've seen statutes in some states that spell
out the process to be followed if a fence is placed on
your property by someone else and that process doesn't
include going to court first to get an order.
And please explain to us, exactly how you "lose your shirt"
by tearing down a neighbor's fence, even if it's later
proven it was not on your property? In this case, the
neighbor already had a survey done that shows it's on
the wrong property. Let's say the OP gets another survey,
that shows the same thing. He tears it down. What's the neighbor
going to do? Spend thousands suing him over a case the
neighbor *might* win? Yeah, he might do that. And if
he by some miracle he wins, what exactly are his damages?
The depreciated cost of an old fence. If it's a typical
15 year old 50 ft backyard fence, that is hardly going to be
"losing your shirt".
If it's a brand new 1000 ft designer fence, well then it
could be a lot.
And you'd be well advised to consult an
attorney also, who most likely would advise you that your first step
should be to send a certified letter to the neighbor outlining your
position and plans.
Consulting a local attorney to discuss the options is
a good idea.