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Default neighbor's fence partially on my property

On Monday, June 24, 2013 at 12:08:57 PM UTC-4, DerbyDad03 wrote:
On Monday, June 24, 2013 10:56:44 AM UTC-4, Don Wiss wrote:
The back yard neighbor has put up a fence that is 1 1/2" on my property..

They have a survey. I also have a survey from the same surveyor. I showed

them where the line was. But they went ahead and did this in order to have

the entire top fit behind a phone pole that is on their property. Had they

not faced the good side towards themselves, it would not have been an


All that is on my property are the 4x4 posts and the top. Do I have the

right to slice the posts and top right at the line? The fence back is

attached to the fence sides, which would give it stability. The reason for

doing this is the properties are staggered. I'm adding a fence to the back

where this fence isn't, and it won't line up.

I know I have the right to cut off tree limbs that hang over. But do I also

have the right to cut back a fence that is hanging over?

Don. (e-mail link at home page bottom).

Well for one thing, I don't believe that your neighbor is allowed to install the fence with the bad side facing your property. Unless you've got some strange fence ordinances where you live, the standard rules call for the good side to face the neighbors.

Seems to me that while they are "turning the fence around" they should reposition it to be totally on their property. It could cause serious issues later on if you or they decide to sell.

Second, are you sure that your local ordinances don't require a set back for fences? My town allows the fence to be right on the property line, but many municipalities don't.

Do you and your neighbor not get along? It seems wierd that you pointed pointed out the property line and they still encroached upon your property, apparently without any further discussion. How did the property line discussion go when you brought it up?

Well,yes , 1 1/2 inches matters. Depending on the length of your property it adds up. I'd rather have the bad side on my property if is going to there against my wish. My neighbor put up a fence , post on the line, then added a 2" thick board going across the post to hang the wooden fence panels. And top it off with adding a 2" with of stones at the bottom. So yes it matters...give and inch, they take 5 more....