Ashton Crusher wrote:
On Wed, 10 Jul 2013 21:06:45 +0000 (UTC), DerbyDad03
wrote:

Ashton Crusher wrote:

I assume the posts are in concrete but that may be a bad assumption. I
have to wonder if the people who are so insistent that a 1.5" error on
the SURFACE must be corrected don't care that under the surface the
concrete encroach's on the neighbor.

Why, after all this time, and even after your earlier acceptance of the
facts, are you still using the word "error"? I really thought we had gotten
past that issue.

Have you now reached the point where you are arguing just to argue? When I
trim the limbs of my neighbor's tree that hang over my house, do you think
that I dig down along the property line and remove roots? Can you guess why
I don't?

It's an error, that's why.

Holy cow, you're right. When someone places a fence on another person's
property for the expressed reason of making sure it fits around a pole,
that's an error, a mistake, pure happenstance.

I wonder what something done on purpose looks like.

Seems to me you fit the bill of someone
arguing just to argue. And why don't you answer the question about
the concrete? Concrete is not "limbs" or "roots" that can grow on
it's own, it's something man-made that was PLACED on the other persons
property. You seem to be ok with that.. why is that?

I really didn't think I had to explain that, but since you asked so nicely,
I will. I'll go slowly and explain the difference between the fence and the
concrete. Perhaps once I do, you'll understand my point about the roots.

The Fence:

The offending fence is above ground. The offending fence made Don's yard
smaller. The offending fence will cause the fence that Don wants to install
(in it's legal location) to either not line up with the offending fence or
be at an angle or be inwards of the property line making his yard even
smaller.

The Concrete:

The concrete is below ground. Grass and/or gardens can be planted right
over it. Mulch can be placed right over it. Unless Don is planning on
digging down right along the fence line (an illegal pool perhaps?) the
concrete will have no impact on him or his yard.

That is why I am "ok with that".

What if instead
of the concrete being the usual roughly 9" diameter, making it
encroach several inches, it was a 3 foot diameter blob that encroached
1.5 feet? It's implicit in your dismissal of the concrete as a
problem that you understand that some things are so trivial as to be
meaningless yet you keep wanting to fight over the 1.5 in by 6 inch x
5 post encroachment (a total encroachment of 0.31 square feet). In
your world you'd just go tear down the whole fence over this 0.31 sf
of property loss.

If that were the case, and the concrete negatively impacted Don's ability
to enjoy his yard, then the concrete would indeed be an issue. However,
since Don has not that brought that up, and only asked in his OP about
cutting the fence, I'll assume one of two things: The concrete is below
ground so as not to bother him or the concrete is above ground but it
doesn't bother him because it's not causing any issues. The fence itself is
causing issues with the fence that Don wants to install, so that has a much
bigger impact.

Of course, all of this pales in the face of the simple fact that the
contractor intentionally installed a fence on Don's property without Don's
expressed permission to do so. That in and of itself just isn't right.

On Monday, June 24, 2013 7:56:44 AM UTC-7, 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

issue.



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. www.donwiss.com (e-mail link at home page bottom).

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

issue.



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. www.donwiss.com (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....