On 10/2/2013 10:17 AM, wrote:
On Wednesday, October 2, 2013 8:47:11 AM UTC-4, Art Todesco wrote:
On 10/1/2013 3:42 PM, 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.



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.



Two questions: Can I legally make him move the fence in a set period of time? Can I legally remove the fence that is on my property?



Probably on both things, however, if you want to keep peace, just suck

it in and forget it. In my previous house on a small 1/5 acre lot in a

suburban environment, the neighbor built a deck on the side of his

house. The posts were really close to the lot line on his side of the

line. But, the overhang was definitely over the line.

This situation is different. It's not an overhang, it's fence
that is apparently 6" over on his property. If he's OK with losing
that 6" via adverse possession, then he can live with it. In your
case, there was no risk of property loss.


I never said

anything and sold the house with no problems. On my present property,

3.5 acres in a rural mountain environment, we built a little walk bridge

over a small creek on the edge of the property. The lot line is down

the middle of the creek, so, the far end of the bridge is definitely on

the neighbor's property. He didn't seem to care as he has 100 acres and

his house it about 1 mile away up the mountain.


And of course you didn't bother to do the right thing and ask if it was
OK.

Well, at the time the bridge was put in place, he didn't own it. And,
it involved the old dirt logging road running parallel to the creek.
In NC, once a road, always a road. Now, this road is fully on his 100
or so acres of land, so I guess now, it's his road and his alone.


But, if he should say

anything, I have one on him. He has a gate across the road leading to

this house. One of his gate posts is actually on my property. I don't

really care.

If it's just a post, I wouldn't care either. But a fence that's 6" over
on my property with a neighbor that is giving my problems, that's another
story.

It's a post with stacked rocks all the way up about 8' high. It is
huge, probably about 3' across at the base. But, I really don't care
unless he complains about the bridge, which, BTW, just sits on the edge
of the creek.

On Wednesday, October 2, 2013 8:29:56 PM UTC-4, Ed Pawlowski wrote:
On 10/2/2013 2:18 PM, micky wrote:







In chicago, I lived on the first floor of a 3-story 6 apartment



building, and our evening newspaper was often missing. The paper boy



delivered another but insisted it was the 2nd. So I parked right



at the foot of the sidewalk leading to our front door. Didn't iknow



what I was going to do. Through the glass doors and the windows



beside it, I saw a young man come down the steps and bend down. I



figured he was picking up the paper. I popped out of the car and



walked up the sidewalk, still not knowing what I would say. As we



met about halfway between the building and the street, I stuck out my



hand, took the paper from his hand, and said "Thanks." The paper was



never stolen again.







That wouldn't be my way of handling it. A guy is stealing your

newspaper and you "thank" him? Good grief! I suppose if he mugged

you, you'd wish him a happy day.



And that's why YOU woudl have your paper stolen every time he was

there for as long as you lived there. I on the other hand never had

our paper stolen agani. Yet you read this story and still insist

you'd do it your way. You remind me of the angry man who blows

trash into his neighbor's yard.







I'd say it was well handled. No confrontation, no arguments, point

made. Well made.

Yes, nice approach, if you like letting people spit in your
face and then telling them that it must be raining. I suppose a rape
victim should just say, thank you, but I really didn't enjoy it.
Hell, let's not offend anyone, not a thief, not anyone. Sad to see
how politically correct and emasculated this country has become.

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.






Can I legally remove the fence that is on my property?



He can ask a court to make you replace it.



Or you can pretend that he nor the fence is a problem. It's better

for your sanity and maybe you car's tires. ...but it's your choice.



Me? I try like hell to not stir up hornets' nests and let dogs sleep.

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.

" 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, 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.

On Tuesday, October 1, 2013 3:42:12 PM UTC-4, 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.



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.



Two questions: Can I legally make him move the fence in a set period of time? Can I legally remove the fence that is on my property?

Videotape the pos. Christian capitalist suck for neighbors. Beating them to death with baseball bats is probably better than financing a kangaroo court.

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. 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.






Can I legally remove the fence that is on my property?



He can ask a court to make you replace it.



Or you can pretend that he nor the fence is a problem. It's better

for your sanity and maybe you car's tires. ...but it's your choice.



Me? I try like hell to not stir up hornets' nests and let dogs sleep.

On Thu, 03 Oct 2013 08:42:28 -0400, Norminn
wrote:



He still spent a lot of money on lawyers that could have better been
spent on the kid.

I forgot to make my point, which was that just as your mother's
neighbor got ticked off because your mother was a better landscaper,
this woman got ticked off because my friend got remarried first (and
she's still not afaik. )


Had a conversation with a family friend who had recently been divorced
and had a six-year-old child....he mentioned that he was trying hard to
get along with the ex for the child's sake....coulda' tried that before
the divorce )

In this case, the guy did try. The woman is literally crazy, sees
things that aren't there, and she mistreated his mother terribly,
probably because she had some grudge against her own mother (and
father), who she hadn't talked to for 8 years, since she married my
friend. She told her 2-year old child that her grandparents were
dead, and never told the kid about the aunt. Her parents, or one of
them, may have mistreated her, but my friend, her husband's mother
didn't.



As for attorneys, my not-extensive experience has found that they are
totally, absolutely worthless 75% of the time. One probably would have
been in peril of losing his license if I had filed a complaint.

MD's run about the same score, the difference being that they can/do
save lives when the going gets rough. OTOH, they sure can mess stuff
up. Friend recently dx with prostate cancer .... biopsy positive.
Check. Bone scan positive. Check. NO information as to how treatment,
already begun, would change based on the ca spread. Not one mention;
just phone call from nurse. MD's, any more, remind me of vacuum cleaner
salemen...."got a nifty colonoscopy for you, $500 down and easy monthly
payments". "But doc, I got no risk of colon cancer but I can't climb
steps any more."

On Wed, 2 Oct 2013 12:09:56 -0700 (PDT), "
wrote:

On Wednesday, October 2, 2013 2:18:53 PM UTC-4, micky wrote:
On Wed, 2 Oct 2013 07:28:00 -0700 (PDT), "

wrote:







He might get angry and rip off your additions, but otoh, he might even



stop blowing your way when he he sees. them.





Since the neighbor obviously doesn't give a damn and since

the neighbor apparently put up the fence, it's almost a certainty

that the neighbor isn't going to respond like you seem to think

he will. He asked the neighbor not to blow crap into his yard.



""Mr. Howard I would appreciate it if you did not blow your yard waste into my yard." He became very belligerent and hostile"



(I don't know how long ago this was.)



Try reading the post. From the very first one:

"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. "

I don't keep track of little details. I'm sure the OP in each thread
does.




Since she's already asked him, it might not be needed to ask again.



But if she hadn't asked him, no matter how nasty he'd been to her on

other things, no matter how convinced she was that he was everything

you think he is, it would still be necessary to ask him this

particular thing once, for the record



Why, just because you say so? If a neighbor who has been a belligerent, hostile and unresponsive in the past is blowing crap
ant throwing debris on to your yard, there is no reason,
anyone shouldn't just call the police.

Why, just because you say so?





As to the time you quote above, maybe his ulcer was acting up, or he

got no sleep t he night before because his hip hurt. Maybe he's

tormented not knowing whether to get a hip replacement or not, and not

knowing how he'll pay for it if he does get it....... Maybe these

things and others don't bother him as much every day as they did that

day.

Do try to respond to the actual facts stated, instead of making
them up as you go:

"We have been dealing with his unstable ways for 7 years now and I've had my limit. "





Or maybe he's nasty most of the time, but the OP may still

catch him when he's in a good mood.







The way you handle things can be everything.





Not when you have an AH for a neighbor who blows crap in your



EVen then. Perhaps especially then. We've had this sort of

interchange before, where you think bad people are hopelessly bad and

I don.t.


Yeah, how did that work out for you with Lisa and the dirt pile.
I told you that a neighbor who would pile dirt onto your property
after being specifically told not to, is a skunk. The contractor
told her they would remove it pronto. Last we heard
from Lisa was two weeks later and the dirt was still there.

I don't know what Lisa (Liza?) did in the time befween the first
thread and the later one about a pile of dirt.






yard, throws branches over the fence, even after you've told

him to stop. You can go bake him a cake and kiss his ass, but

it's not going to matter. He's going to see you as another pussy

that he can walk all over.













In chicago, I lived on the first floor of a 3-story 6 apartment



building, and our evening newspaper was often missing. The paper boy



delivered another but insisted it was the 2nd. So I parked right



at the foot of the sidewalk leading to our front door. Didn't iknow



what I was going to do. Through the glass doors and the windows



beside it, I saw a young man come down the steps and bend down. I



figured he was picking up the paper. I popped out of the car and



walked up the sidewalk, still not knowing what I would say. As we



met about halfway between the building and the street, I stuck out my



hand, took the paper from his hand, and said "Thanks." The paper was



never stolen again.







That wouldn't be my way of handling it. A guy is stealing your

newspaper and you "thank" him? Good grief! I suppose if he mugged

you, you'd wish him a happy day.



And that's why YOU woudl have your paper stolen every time he was

there for as long as you lived there. I on the other hand never had

our paper stolen agani. Yet you read this story and still insist

you'd do it your way. You remind me of the angry man who blows

trash into his neighbor's yard.


See, there you go again. Just because I'm going to stand up
for my rights and not kiss someone's ass, when they are committing
theft of my property, you magically transform that into me the type
that blows trash into a neighbor's yard? Unbelievable.

The things that you have in common are that you're angry and your
stubborn.

And on top
of that, it's clear you haven't even paid attention to the original
post.

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.

On Thursday, October 3, 2013 8:12:54 PM UTC-4, micky wrote:


"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. "



I don't keep track of little details. I'm sure the OP in each thread

does.



Little details? It's the central part of the whole question.
So you just bloviate without regard to the facts, without
to what the OP spelled out.



Since she's already asked him, it might not be needed to ask again.







But if she hadn't asked him, no matter how nasty he'd been to her on



other things, no matter how convinced she was that he was everything



you think he is, it would still be necessary to ask him this



particular thing once, for the record







Why, just because you say so? If a neighbor who has been a belligerent, hostile and unresponsive in the past is blowing crap

ant throwing debris on to your yard, there is no reason,

anyone shouldn't just call the police.



Why, just because you say so?


I didn't say the OP or anyone else had to do anything.
You claimed that it was "necessary" for the OP to do
something:

"But if she hadn't asked him, no matter how nasty he'd been to her on
other things, no matter how convinced she was that he was everything
you think he is, it would still be necessary to ask him this particular thing once, for the record "


Which of course makes no sense. There is no such necessity for
the "record". She could just as well call the cops. And
to top it off, the OP clearly stated that she had already just did
speak to him about it. In other words, she told you that she
did what you're now telling her to do. Good grief.



Yeah, how did that work out for you with Lisa and the dirt pile?

I told you that a neighbor who would pile dirt onto your property

after being specifically told not to, is a skunk. The contractor

told her they would remove it pronto. Last we heard

from Lisa was two weeks later and the dirt was still there.



I don't know what Lisa (Liza?) did in the time befween the first

thread and the later one about a pile of dirt.

You're confused again. I'm only talking about the one thread
with the pile of dirt. The neighbor asked if he could pile
dirt onto her property. She said no. Next day, dirt was piled
on to her property and even against the siding of her house
itself. I told you the neighbor was a skunk. You said to just
be nice, don't ruffle feathers, maybe the neighbor doesn't even
know it's there. Lisa talked to the contractor and he said it
would be removed in a day or two. A few weeks later, Lisa told
us it was still there. Proving my point. When someone spits in
your face, they're a skunk. And kissing their ass, sending them
a cake, isn't likely to change that.




See, there you go again. Just because I'm going to stand up

for my rights and not kiss someone's ass, when they are committing

theft of my property, you magically transform that into me the type

that blows trash into a neighbor's yard? Unbelievable.



The things that you have in common are that you're angry and your

stubborn.



I'm angry because I won't kiss a thief's ass? Because I
wouldn't put up with a neighbor piling dirt on my property?
And yeah, I am kind of stubborn when someone is disrespecting
the law and my property rights. I'm not gonna let them spit
in my face, tell them it's raining and wish them a good day.

On Fri, 4 Oct 2013 10:12:46 -0700 (PDT), "
wrote:

When someone spits in
your face, they're a skunk. And kissing their ass, sending them
a cake, isn't likely to change that.

....even gentle hugs won't work :-\

On Fri, 4 Oct 2013 21:32:29 +0000 (UTC), DerbyDad03
wrote:

And with that, dear readers, forget about any further discussion about the
OP's property line.

Of course. The OP has not returned for further comments.

On Friday, October 4, 2013 8:51:49 PM UTC-4, Oren wrote:
On Fri, 4 Oct 2013 21:32:29 +0000 (UTC), DerbyDad03

wrote:



And with that, dear readers, forget about any further discussion about the

OP's property line.



Of course. The OP has not returned for further comments.

How much more discussion about the property line was needed?
The OP made one post on a subject that was beat to death here
with a similar fence problem about a month ago. Despite dozens
of posts, OP hasn't been
heard from since. And the posting had already degenerated
into really useful comments, like how the neighbor who's
been a prick for 7 years might be just having a bad day
because his hip hurts, from some posters who didn't even
read the facts of the post by the OP to begin with.

On Fri, 4 Oct 2013 20:19:23 -0700 (PDT), "
wrote:

On Friday, October 4, 2013 8:51:49 PM UTC-4, Oren wrote:
On Fri, 4 Oct 2013 21:32:29 +0000 (UTC), DerbyDad03

wrote:



And with that, dear readers, forget about any further discussion about the

OP's property line.



Of course. The OP has not returned for further comments.

How much more discussion about the property line was needed?
The OP made one post on a subject that was beat to death here
with a similar fence problem about a month ago. Despite dozens
of posts, OP hasn't been
heard from since. And the posting had already degenerated
into really useful comments, like how the neighbor who's
been a prick for 7 years might be just having a bad day
because his hip hurts, from some posters who didn't even
read the facts of the post by the OP to begin with.

I can't believe you brought that up once, let alone twice. The OP
keeps track of the details, not me. If the neighbor was hostile just
the previous day, the OP should allow for that when deciding what to
do, but it does't mean there is no technique patterned after mine that
will work.

One point you probably missed from my stories is that it's often
important not to humiliate the other guy. When I met the guy with
the newspaper on the sidewalk, instead of just Thanks I could have
said, Stop stealing our paper, jackass. That would have made you
happy but it would have humiliated him a lot and then angered him, and
since we were never watching the ground level floor between 4 and 5 he
would have continued to take the paper. What I did was humiliate him
a little, but he was grateful (whether he thought about it or not)
that I didn't totally unload on him. So he stopped.

You seem to care less about getting a desired result than about
beating your chest like Tarzan and showing how powerful you are, but
some of the times you do that, you'll be less powerful than I am,
because I know how to get what I want. Now I haven't gotten you
to shut up, but I havent' been trying, since that isn't nearly as
important as receiving the newspaper or watching the movie in quiet.

On Saturday, October 5, 2013 3:29:48 AM UTC-4, micky wrote:
On Fri, 4 Oct 2013 20:19:23 -0700 (PDT), "

wrote:



On Friday, October 4, 2013 8:51:49 PM UTC-4, Oren wrote:

On Fri, 4 Oct 2013 21:32:29 +0000 (UTC), DerbyDad03



wrote:







And with that, dear readers, forget about any further discussion about the



OP's property line.







Of course. The OP has not returned for further comments.



How much more discussion about the property line was needed?

The OP made one post on a subject that was beat to death here

with a similar fence problem about a month ago. Despite dozens

of posts, OP hasn't been

heard from since. And the posting had already degenerated

into really useful comments, like how the neighbor who's

been a prick for 7 years might be just having a bad day

because his hip hurts, from some posters who didn't even

read the facts of the post by the OP to begin with.



I can't believe you brought that up once, let alone twice. The OP

keeps track of the details, not me.

I see, so better to bloviate without even caring about
what the situation was, what the OP actually posted.
Lose track of the fact that the
OP said the neighbor has been a prick for 7 years and
that she just spoke to him about the current issue and
he was uncooperative, hostile, etc.

But throw into the mix that maybe he's just having a bad
day because of his hip. A bad day for 7 years. Right, got it.





If the neighbor was hostile just

the previous day, the OP should allow for that when deciding what to

do, but it does't mean there is no technique patterned after mine that

will work.


No, it doesn't mean there is no chance. There is some non-zero
chance that if you bake a cake and take it to Charlie Manson,
he will reform his ways too. It's just that with 7 years
history in this case and the guy still being an AH today,
I think that approach isn't going to work and that it makes
you a pussy in the eyes of a skunk, further encouraging them.





One point you probably missed from my stories is that it's often

important not to humiliate the other guy. When I met the guy with

the newspaper on the sidewalk, instead of just Thanks I could have

said, Stop stealing our paper, jackass. That would have made you

happy but it would have humiliated him a lot and then angered him, and

since we were never watching the ground level floor between 4 and 5 he

would have continued to take the paper. What I did was humiliate him

a little, but he was grateful (whether he thought about it or not)

that I didn't totally unload on him. So he stopped.


I didn't say you should totally unload on him. I just said
that if I know someone has been stealing my newspaper regularly,
what you did wouldn't be my approach.




You seem to care less about getting a desired result than about

beating your chest like Tarzan and showing how powerful you are, but

some of the times you do that, you'll be less powerful than I am,

because I know how to get what I want.

Yeah, I'm going to stand up for my rights. I'm not gonna
kiss the ass of a thief.



Now I haven't gotten you

to shut up, but I havent' been trying, since that isn't nearly as

important as receiving the newspaper or watching the movie in quiet.

At least I can read a post and respond to it without ignoring
all the key parts.

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.

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.
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?
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.

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.

wrote in message


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?

That's at least twice you have mentioned damages. And its a good point.

Anybody can sue anybody over almost anything but it is pointless if they
can't show damages. And having one's feelings hurt isn't damage. (Oh, I
suppose it could be if someone was borderline psycho and got bumped over the
line but it would be pretty hard to prove the bump).


--

dadiOH
____________________________

Winters getting colder? Tired of the rat race?
Taxes out of hand? Maybe just ready for a change?
Check it out... http://www.floridaloghouse.net

On 10/01/2013 03:42 PM, wrote:
Two questions: Can I legally make him move the fence in a set period of time? Can I legally remove the fence that is on my property?

I was in a similar situation.

Laws vary so the best advice I can give is to consult an attorney.

FWIW, here's how it worked in my case.

After a survey, my attorney sent a letter to my neighbor.
The letter basically stated he had 6 months to move the fence.

After the 6 months expired and no action on the neighbors part,
the lawyer gave the neighbor a second six month period and notified him
that at the end of the second six months the fence would be
moved at the neighbors expense.

Still no action from the neighbor so I was able to hire a contractor to move the fence.

Currently I'm out the $2500 cost of the attorney and $1000 to have the fence moved but
I have a lien against the neighbors house so when he sells I'll get my money, plus interest.

ralph wrote:
On 10/01/2013 03:42 PM, wrote:
Two questions: Can I legally make him move the fence in a set period of
time? Can I legally remove the fence that is on my property?

I was in a similar situation.

Laws vary so the best advice I can give is to consult an attorney.

FWIW, here's how it worked in my case.

After a survey, my attorney sent a letter to my neighbor.
The letter basically stated he had 6 months to move the fence.

After the 6 months expired and no action on the neighbors part,
the lawyer gave the neighbor a second six month period and notified him
that at the end of the second six months the fence would be
moved at the neighbors expense.

Still no action from the neighbor so I was able to hire a contractor to move the fence.

Currently I'm out the $2500 cost of the attorney and $1000 to have the fence moved but
I have a lien against the neighbors house so when he sells I'll get my
money, plus interest.

How do you know the lien will be honored? I'm not doubting you since I
don't know how these things work, so I'm simply asking.

You've only mentioned letters from a lawyer. What other actions were taken
that makes the lien valid/enforceable or whatever legal term applies in
this situation?

On Sun, 6 Oct 2013 16:30:38 +0000 (UTC), DerbyDad03
wrote:

Still no action from the neighbor so I was able to hire a contractor to move the fence.

Currently I'm out the $2500 cost of the attorney and $1000 to have the fence moved but
I have a lien against the neighbors house so when he sells I'll get my
money, plus interest.

How do you know the lien will be honored? I'm not doubting you since I
don't know how these things work, so I'm simply asking.

You've only mentioned letters from a lawyer. What other actions were taken
that makes the lien valid/enforceable or whatever legal term applies in
this situation?

"A mechanic's lien is a security interest in the title to property for
the benefit of those who have supplied labor or materials that improve
the property."

http://en.wikipedia.org/wiki/Mechanic%27s_lien

A mechanic's lien, the process, etc., will vary by state law. So does
the interest amount allowed.

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.

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.

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.

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.

Two questions: Can I legally make him move the fence in a set period
of time? Can I legally remove the fence that is on my property?

There is a little known law, named "Eddie's law". You really should take
advantage of it. Basically it works like this: for each inch your neighbor
is using, you can charge up to $500 per year, per inch. I suggest filing a
claim in court. You do not need an attorney, just file with the clerk of
courts, they will hand you an "Eddie's law" form.

Oren wrote:
On Sun, 6 Oct 2013 16:30:38 +0000 (UTC), DerbyDad03
wrote:

Still no action from the neighbor so I was able to hire a contractor to move the fence.

Currently I'm out the $2500 cost of the attorney and $1000 to have the fence moved but
I have a lien against the neighbors house so when he sells I'll get my
money, plus interest.

How do you know the lien will be honored? I'm not doubting you since I
don't know how these things work, so I'm simply asking.

You've only mentioned letters from a lawyer. What other actions were taken
that makes the lien valid/enforceable or whatever legal term applies in
this situation?

"A mechanic's lien is a security interest in the title to property for
the benefit of those who have supplied labor or materials that improve
the property."

http://en.wikipedia.org/wiki/Mechanic%27s_lien

A mechanic's lien, the process, etc., will vary by state law. So does
the interest amount allowed.

I'd still like to know the details of the lien. The way I read Ralph's
post, he (Ralph) paid an attorney to write letters and a contractor to move
the fence.

Can Ralph initiate a "mechanic's lien" even if he did not supply the labor
or materials? Would the attorney fees be covered under a mechanic's lien?

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.

On Sun, 6 Oct 2013, " wrote:

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.

In NYC, if a fence is on the neighbor's property, one has to file in civil
court. You must have a survey, and the survey must have been done within
three months of the case filing.

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

On Sun, 6 Oct 2013 07:38:05 -0700 (PDT), "
wrote:

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?

Taking action that potentially is destroying someone else's property
because you think you understand what the statue SAYS and assuming
what it says is what it MEANS. And also assuming that CASE LAW has
not changed what seems like it's clear meeting to something else
entirely.


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.


Yup, it might look to the layperson that it's all just black and
white. Yet there could have been dozens of others that have gone down
that road before you and the result of their court cases could be that
what you THINK it says is not how the courts have interpreted it. So
it would be very foolish to take action in this day and age without
spending $50 to consult an attorney.


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?

I didn't say you would, I said you might. I don't know all the
possibilities. Is it really on the wrong property? Will a court
agree with you when you are sued? Are you prepared to pay the other
parties court costs if you lose? Will tearing down the fence possibly
result in their house being burglarized due to the lack of the fence?
In this case, the
neighbor already had a survey done that shows it's on
the wrong property.

Was the survey done and stamped as a LEGAL BOUNDARY survey or just a
"we'll be pretty close survey" so you can feel comfortable that the
house is pretty much at least 6 feet from the property line? Were all
monuments found and if not were any missing ones relocated from proper
reference points?

Let's say the OP gets another survey,
that shows the same thing. He tears it down. What's the neighbor
going to do?

Same question about the type of survey. It's entirely possible both
survey's you seem to value so highly would have both been
"preliminary" type surveys relying on the same relatively easy to find
reference points, such as a water pipe, but not true original
reference points of pipes placed in 4 feet of concrete that are
perhaps a mile or two away.

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.



No one will stop you if you are in that situation and you elect to be
stupid and tear down a fence without consulting an attorney or even
notifying and discussing it will the other property owner. The advice
was being offered to someone who asked for opinions and that's mine -
consult an attorney before doing something STUPID like thinking you
know the ins and outs of the statue and case law on this.


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.

On Sun, 06 Oct 2013 12:13:19 -0400, ralph wrote:

On 10/01/2013 03:42 PM, wrote:
Two questions: Can I legally make him move the fence in a set period of time? Can I legally remove the fence that is on my property?

I was in a similar situation.

Laws vary so the best advice I can give is to consult an attorney.

FWIW, here's how it worked in my case.

After a survey, my attorney sent a letter to my neighbor.
The letter basically stated he had 6 months to move the fence.

After the 6 months expired and no action on the neighbors part,
the lawyer gave the neighbor a second six month period and notified him
that at the end of the second six months the fence would be
moved at the neighbors expense.

Still no action from the neighbor so I was able to hire a contractor to move the fence.

Currently I'm out the $2500 cost of the attorney and $1000 to have the fence moved but
I have a lien against the neighbors house so when he sells I'll get my money, plus interest.

Perhaps you do. Or perhaps your lien will expire. For example, In
AZ A mechanic’s lien is automatically extinguished unless a lawsuit
is filed to foreclose the mechanic’s lien within six months after the
recording of the mechanic’s lien.

Have you filed a lawsuit?

On Sun, 6 Oct 2013 16:30:38 +0000 (UTC), DerbyDad03
wrote in
Re
Neighbors fence on my property.:

ralph wrote:
On 10/01/2013 03:42 PM, wrote:
Two questions: Can I legally make him move the fence in a set period of
time? Can I legally remove the fence that is on my property?

I was in a similar situation.

Laws vary so the best advice I can give is to consult an attorney.

FWIW, here's how it worked in my case.

After a survey, my attorney sent a letter to my neighbor.
The letter basically stated he had 6 months to move the fence.

After the 6 months expired and no action on the neighbors part,
the lawyer gave the neighbor a second six month period and notified him
that at the end of the second six months the fence would be
moved at the neighbors expense.

Still no action from the neighbor so I was able to hire a contractor to move the fence.

Currently I'm out the $2500 cost of the attorney and $1000 to have the fence moved but
I have a lien against the neighbors house so when he sells I'll get my
money, plus interest.

How do you know the lien will be honored? I'm not doubting you since I
don't know how these things work, so I'm simply asking.

You've only mentioned letters from a lawyer. What other actions were taken
that makes the lien valid/enforceable or whatever legal term applies in
this situation?

Ralph didn't mention it, but I would guess that the lawyer got a court
order awarding the attorney fees and fence move costs. The lien is
recorded on the deed at the recorder's office. Generally, no bank
will lend on the property unless the lien is removed.

I guess technically, someone could buy the property for cash (no loan)
with the lien still attached, but then that new owner would then be
responsible for the lien (including the mounting interest).
--
Web based forums are like subscribing to 10 different newspapers
and having to visit 10 different news stands to pickup each one.
Email list-server groups and USENET are like having all of those
newspapers delivered to your door every morning.

"DerbyDad03" wrote in message

Oren wrote:
On Sun, 6 Oct 2013 16:30:38 +0000 (UTC), DerbyDad03
wrote:

Still no action from the neighbor so I was able to
hire a contractor to move the fence.

Currently I'm out the $2500 cost of the attorney
and $1000 to have the fence moved but I have a lien
against the neighbors house so when he sells I'll
get my
money, plus interest.

How do you know the lien will be honored? I'm not
doubting you since I don't know how these things
work, so I'm simply asking.

You've only mentioned letters from a lawyer. What
other actions were taken that makes the lien
valid/enforceable or whatever legal term applies in
this situation?

"A mechanic's lien is a security interest in the title
to property for the benefit of those who have supplied
labor or materials that improve the property."

http://en.wikipedia.org/wiki/Mechanic%27s_lien

A mechanic's lien, the process, etc., will vary by
state law. So does the interest amount allowed.

I'd still like to know the details of the lien. The way I
read Ralph's post, he (Ralph) paid an attorney to write
letters and a contractor to move the fence.

Can Ralph initiate a "mechanic's lien" even if he did not
supply the labor or materials? Would the attorney fees be
covered under a mechanic's lien?

It doesn't have to be - probably isn't - a mechanic's lien. A lien is just
an encumbrance against the property for whatever reason and that encumbrance
is recorded. When the property is sold, any liens will be paid by the
escrow company.

What happens if an escrow company isn't used? No idea but I'm guessing he
could go after both the seller and buyer.


--

dadiOH
____________________________

Winters getting colder? Tired of the rat race?
Taxes out of hand? Maybe just ready for a change?
Check it out... http://www.floridaloghouse.net

"Buster" wrote in message

There is a little known law, named "Eddie's law". You
really should take advantage of it. Basically it works
like this: for each inch your neighbor is using, you can
charge up to $500 per year, per inch. I suggest filing a
claim in court. You do not need an attorney, just file
with the clerk of courts, they will hand you an "Eddie's
law" form.

What does drug testing have to do with a fence?

--

dadiOH
____________________________

Winters getting colder? Tired of the rat race?
Taxes out of hand? Maybe just ready for a change?
Check it out... http://www.floridaloghouse.net

On Sunday, October 6, 2013 8:01:40 PM UTC-4, 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!



1" I agree. But if it's 6" it's not hard to make the claim. You
have one surveyor who already apparently showed that the fence is on
the wrong property. If you hire your own surveyor, he will give you
a survey that shows the fence on it and which property it's on. He'll
leave pins in the ground at the property corners. With a string and
a camera you take pics. If the area is long, winding, or has other
issues, then I agree, it could be more difficult. But for a typical
straight backyard fence, if it's off by 6" it should be easy to prove.





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.



I don't believe you can take such a case to small claims, at least
not to force the neighbor to take down a fence. Small
claims court is generally limited to monetary judgements and
maybe the return of some personal property, that kind of thing.
They typically can't order someone to do something. If you wanted
to try it, you'd have to first determine if small claims is the
right venue.




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!



The point is that if I put up a nice new fence on my own property that
replaced an old crappy fence, the "damage" the neighbor has suffered,
even if it's later determined that I was wrong,
is questionable. The purpose of a fence is to separate the properties.
There is one there now that's better than the old one. So, even if I
tore an old one down by mistake that was just on his side of the property
and replaced it with one of my own that is on my side, it's not clear
to me that the neighbor has suffered real, measurable damage.

And it's probably not the cost of just moving anything, because
I tend to doubt a neighbor taking down an old fence that's on his
property is going to do it in such a fashion as to save it, keep
the fence, etc. The old fence would probably be in the dump. As I
see it, if I was wrong, but did it based on a survey, reasonable
evidence that lead me to believe the fence was on my property, etc,
the most the neighbor would get is the depreciated value of his old fence.
If it's 15 years old, cost $2000 new, maybe he gets $500.




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.

An inch, I would agree. Some of it is 6" over though. We don't know
how much of it is off by 1 vs 6. And if the
neighbor is a hostile AH, you're OK with letting them establish a
possible legitimate claim for adverse possession, by you doing nothing?
Or as time goes on, the neighbor puts in trees, shrubs, etc that then
make it even more difficult of a problem for you to reclaim your land?

If it was a neighbor you got along with, that would be a different story.

On Monday, October 7, 2013 3:47:52 AM UTC-4, Ashton Crusher wrote:
On Sun, 6 Oct 2013 07:38:05 -0700 (PDT), "

wrote:



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?



Taking action that potentially is destroying someone else's property

because you think you understand what the statue SAYS and assuming

what it says is what it MEANS. And also assuming that CASE LAW has

not changed what seems like it's clear meeting to something else

entirely.



Neither I nor anyone else state or suggested that 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.





Yup, it might look to the layperson that it's all just black and

white. Yet there could have been dozens of others that have gone down

that road before you and the result of their court cases could be that

what you THINK it says is not how the courts have interpreted it. So

it would be very foolish to take action in this day and age without

spending $50 to consult an attorney.



I'll bet it's going to cost a lot more than $50.
A typical attorney isn't going to know all the case law
on fences, unless you happen to get lucky and find just the
right guy. Hell, I've seen attorneys here screw up real estate
closings. You know what they say about advice being only as
good as what you pay for. Typical lawyer is going to give
you some general advice, tell you they'll write a letter,
look into it, etc. Then they turn it over to their paralegal
and the billing clock starts running.

But I also said it would be a good idea to get an opinion.
Some lawyers will give you a free initial consulation, but
again, you know what they say about free advice.






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?



I didn't say you would, I said you might. I don't know all the

possibilities. Is it really on the wrong property? Will a court

agree with you when you are sued?

Since you're talking about losing your shirt, I thought it was
a foregone conclusion that you're going to lose.




Are you prepared to pay the other

parties court costs if you lose?

If they sue me for tearing down their 15 year old fence that
cost $2000 when new, it's likely the case is going to small
claims where the costs are $50. The neighbor would have to
be pretty dumb to run up many
thousands in trial attorney fees over "possible" recovery of
a couple thousand bucks and they would be paying those fees
if they lose. And in some cases, even if they win, they could
paying some or all of those fees.



Will tearing down the fence possibly

result in their house being burglarized due to the lack of the fence?

Would seem that would be extremely unlikely to prove, unless the
fence is part of an extensive security type fencing installation.





In this case, the

neighbor already had a survey done that shows it's on

the wrong property.



Was the survey done and stamped as a LEGAL BOUNDARY survey or just a

"we'll be pretty close survey" so you can feel comfortable that the

house is pretty much at least 6 feet from the property line? Were all

monuments found and if not were any missing ones relocated from proper

reference points?



That's why I clearly said I'd hire my own surveyor to show where
the fence is located.





Let's say the OP gets another survey,

that shows the same thing. He tears it down. What's the neighbor

going to do?



Same question about the type of survey.

Good grief. If you're going to get a survey to prove which
property the fence is on, it would be extremely dumb not to
explain that to the surveyor and that you want a survey that
clearly shows where the fence is versus the property line.
But I guess maybe that's what some people need to spend $500
to have a lawyer tell them.


It's entirely possible both

survey's you seem to value so highly would have both been

"preliminary" type surveys relying on the same relatively easy to find

reference points, such as a water pipe, but not true original

reference points of pipes placed in 4 feet of concrete that are

perhaps a mile or two away.



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.







No one will stop you if you are in that situation and you elect to be

stupid and tear down a fence without consulting an attorney or even

notifying and discussing it will the other property owner. The advice

was being offered to someone who asked for opinions and that's mine -

consult an attorney before doing something STUPID like thinking you

know the ins and outs of the statue and case law on this.



And again, I never offered advice to just tear the fence
down based on the OP's reading or interpreting laws.

On Monday, October 7, 2013 8:52:10 AM UTC-4, dadiOH wrote:
"DerbyDad03" wrote in message



Oren wrote:

On Sun, 6 Oct 2013 16:30:38 +0000 (UTC), DerbyDad03

wrote:



Still no action from the neighbor so I was able to

hire a contractor to move the fence.



Currently I'm out the $2500 cost of the attorney

and $1000 to have the fence moved but I have a lien

against the neighbors house so when he sells I'll

get my

money, plus interest.



How do you know the lien will be honored? I'm not

doubting you since I don't know how these things

work, so I'm simply asking.



You've only mentioned letters from a lawyer. What

other actions were taken that makes the lien

valid/enforceable or whatever legal term applies in

this situation?



"A mechanic's lien is a security interest in the title

to property for the benefit of those who have supplied

labor or materials that improve the property."



http://en.wikipedia.org/wiki/Mechanic%27s_lien



A mechanic's lien, the process, etc., will vary by

state law. So does the interest amount allowed.



I'd still like to know the details of the lien. The way I

read Ralph's post, he (Ralph) paid an attorney to write

letters and a contractor to move the fence.



Can Ralph initiate a "mechanic's lien" even if he did not

supply the labor or materials? Would the attorney fees be

covered under a mechanic's lien?



It doesn't have to be - probably isn't - a mechanic's lien. A lien is just

an encumbrance against the property for whatever reason and that encumbrance

is recorded. When the property is sold, any liens will be paid by the

escrow company.



Derby's point is that you can't just go place a lien on anyone's
property at will. That's why he's asking for the details. I'd like
to hear them too. I would think that in order to put that lien on
the neighbor's property he would have had to sue them in court and win.
Perhaps they did, via small claims, but it would be informative if we
knew more of the details. I doubt that a mechanic's lien would work.
The neighbor had no contractual relationship with those who moved
the fence, didn't hire them, etc. And Ralph is saying he'll get his
lawyer's fees as part of the lien. Possible the lawyer sued them and
they ignored it, he got a default judgement.

On Mon, 7 Oct 2013 02:00:37 +0000 (UTC), DerbyDad03
wrote:

Oren wrote:
On Sun, 6 Oct 2013 16:30:38 +0000 (UTC), DerbyDad03
wrote:

Still no action from the neighbor so I was able to hire a contractor to move the fence.

Currently I'm out the $2500 cost of the attorney and $1000 to have the fence moved but
I have a lien against the neighbors house so when he sells I'll get my
money, plus interest.

How do you know the lien will be honored? I'm not doubting you since I
don't know how these things work, so I'm simply asking.

You've only mentioned letters from a lawyer. What other actions were taken
that makes the lien valid/enforceable or whatever legal term applies in
this situation?

"A mechanic's lien is a security interest in the title to property for
the benefit of those who have supplied labor or materials that improve
the property."

http://en.wikipedia.org/wiki/Mechanic%27s_lien

A mechanic's lien, the process, etc., will vary by state law. So does
the interest amount allowed.

I'd still like to know the details of the lien. The way I read Ralph's
post, he (Ralph) paid an attorney to write letters and a contractor to move
the fence.

Can Ralph initiate a "mechanic's lien" even if he did not supply the labor
or materials? Would the attorney fees be covered under a mechanic's lien?

One has to look at the specific law in the state. In NV, you have to
be licensed to perform the work - BUT - there can be exceptions if the
work does not require a license.

Here, attorney fees can be included by an order from the court.

On Monday, October 7, 2013 10:37:59 AM UTC-4, Oren wrote:
On Mon, 7 Oct 2013 02:00:37 +0000 (UTC), DerbyDad03

wrote:



Oren wrote:

On Sun, 6 Oct 2013 16:30:38 +0000 (UTC), DerbyDad03

wrote:



Still no action from the neighbor so I was able to hire a contractor to move the fence.



Currently I'm out the $2500 cost of the attorney and $1000 to have the fence moved but

I have a lien against the neighbors house so when he sells I'll get my

money, plus interest.



How do you know the lien will be honored? I'm not doubting you since I

don't know how these things work, so I'm simply asking.



You've only mentioned letters from a lawyer. What other actions were taken

that makes the lien valid/enforceable or whatever legal term applies in

this situation?



"A mechanic's lien is a security interest in the title to property for

the benefit of those who have supplied labor or materials that improve

the property."



http://en.wikipedia.org/wiki/Mechanic%27s_lien



A mechanic's lien, the process, etc., will vary by state law. So does

the interest amount allowed.



I'd still like to know the details of the lien. The way I read Ralph's

post, he (Ralph) paid an attorney to write letters and a contractor to move

the fence.



Can Ralph initiate a "mechanic's lien" even if he did not supply the labor

or materials? Would the attorney fees be covered under a mechanic's lien?



One has to look at the specific law in the state. In NV, you have to

be licensed to perform the work - BUT - there can be exceptions if the

work does not require a license.



Here, attorney fees can be included by an order from the court.

I agree with you. I'd like to hear more details on how this lien
came to be. I doubt a mechanics lien would be allowed. The neighbor
didn't have a contract with or hire the guy who moved the fence.
I would think for Ralph to get a lien, he would have had to sue the
neighbor and win. Maybe he did that and the neighbor didn't even
show up?

" wrote:
On Monday, October 7, 2013 8:52:10 AM UTC-4, dadiOH wrote:
"DerbyDad03" wrote in message



Oren wrote:

On Sun, 6 Oct 2013 16:30:38 +0000 (UTC), DerbyDad03

wrote:



Still no action from the neighbor so I was able to

hire a contractor to move the fence.



Currently I'm out the $2500 cost of the attorney

and $1000 to have the fence moved but I have a lien

against the neighbors house so when he sells I'll

get my

money, plus interest.



How do you know the lien will be honored? I'm not

doubting you since I don't know how these things

work, so I'm simply asking.



You've only mentioned letters from a lawyer. What

other actions were taken that makes the lien

valid/enforceable or whatever legal term applies in

this situation?



"A mechanic's lien is a security interest in the title

to property for the benefit of those who have supplied

labor or materials that improve the property."



http://en.wikipedia.org/wiki/Mechanic%27s_lien



A mechanic's lien, the process, etc., will vary by

state law. So does the interest amount allowed.



I'd still like to know the details of the lien. The way I

read Ralph's post, he (Ralph) paid an attorney to write

letters and a contractor to move the fence.



Can Ralph initiate a "mechanic's lien" even if he did not

supply the labor or materials? Would the attorney fees be

covered under a mechanic's lien?



It doesn't have to be - probably isn't - a mechanic's lien. A lien is just

an encumbrance against the property for whatever reason and that encumbrance

is recorded. When the property is sold, any liens will be paid by the

escrow company.



Derby's point is that you can't just go place a lien on anyone's
property at will. That's why he's asking for the details.

Yep...everyone else is just explaining how liens may or may not work. Since
Ralph said he has a lien against the house, apparently for both the
attorney's fee and the contractor's fee, that's the lien I want to hear the
details on.

While there are certainly lots of members of this esteemed group that are
very knowledgeable about all sorts of liens, I'm guessing that Ralph is the
only one qualified to supply the details of his specific lien.

....snip...

On Mon, 7 Oct 2013 12:19:10 -0700 (PDT), wrote:

News reports that UN weapons inspectors are busily destroying Syria's chemical weapons stockpiles and their capability to produce them.

Show us a credible cite for that comment. I'll stand by for a link; if
you can produce it!

I think you are trying to hornswoggle some of us.

crickets
--
"Dumb is local...As soon as you go 15 miles away from your dumbness, you see how dumb you are." -- Sherrod Small