On Sun, 06 Oct 2013 18:17:58 -0600, Tony Hwang
wrote:

wrote:
On Sun, 6 Oct 2013 07:21:35 -0700 (PDT), "
wrote:

On Thursday, October 3, 2013 1:09:14 PM UTC-4, 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.



You'd better make DAMN sure it's really on your property. It's not

unusual for surveys to be off several feet and each survey to show the

area in question belonging to the respective property owners. When it

gets down to inches, it gets dicey. A judge can settle the issue. *I*

certainly wouldn't do it any other way. Then again, I wouldn't ****

on a neighbor's Wheaties for a fence being 1-6 inches over the line.


The situation is a little different when the neighbor has been
a hostile jerk for the past 7 years. If you do nothing, how about
if he makes an adverse possession claim? The neighbor already had
his own survey done a year ago that showed the fence is on the wrong
property. I'd hire another surveyor to survey my lot and if
his line agrees, that's pretty compelling to me.

It's going to be tough to make that clam and so what if he does. It's
1-6" fer chrissakes!

As for getting a judge's order to take it down, I'd evaluate
what that is going to cost versus what the neighbor is going
to get if I tear it down and he sues me and it's later
determined that I was wrong.

It sure wouldn't be worth it for me but small claims isn't that big of
a deal. It's only a frigin' couple of inches! If the neighbor is
such an ass, I certainly wouldn't even tempt him to sue me.

If it's proven I was wrong, but I have also put up a nice new
fence of my own to replace his,
I would think the neighbor would probably get close to zippo.
There is a brand new fence there that serves the same purpose,
so what exactly are his real damages?

The cost of the fence, to move it A COUPLE OF FRIGGIN' INCHES. Good
grief!

And if I tore it down and put up nothing, then he'd get the
depreciated value of an old fence, which probably isn't much,
depending on what kind of fence, how old, how long, etc.
So, you have the sure thing of paying a whole lot in legal
fees to go to court vs just the possibility that you might have to
pay some amount for the cost of the fence you tore down.

I would agree that I'd consult a local lawyer first, but I
doubt going to court over this before tearing it down is
necessary or cost effective.

I certainly wouldn't go to court or set myself up to be taken to court
over of A COUPLE FRIGGIN' INCHES. ...particularly when he's made it
clear the issue isn't the fence, rather, being dissed by the neighbor.


Hi,
How come OP did not raise this issue when he mveod in telling the
neighbor? Did the neighbor put up the fence or he moved in after the
fence was in place? Listening to one side story, the neighbor seems a
jerk. If he is not nice to you, you don't need to be nice either. Give
him as much hard time as you can but at his cost not yours.

That sounds like the perfect recipe for a neighborhood war. No
thanks! Not only is it childish but it can escalate into serious
property damage or violence. If the neighbor insists on being a jerk,
do what you can to avoid the problem but don't make it worse.