neighbor's fence partially on my property

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The back yard neighbor has put up a fence that is 1 1/2" on my property. They have a survey. I also have a survey from the same surveyor. I showed them where the line was. But they went ahead and did this in order to have the entire top fit behind a phone pole that is on their property. Had they not faced the good side towards themselves, it would not have been an issue.
All that is on my property are the 4x4 posts and the top. Do I have the right to slice the posts and top right at the line? The fence back is attached to the fence sides, which would give it stability. The reason for doing this is the properties are staggered. I'm adding a fence to the back where this fence isn't, and it won't line up.
I know I have the right to cut off tree limbs that hang over. But do I also have the right to cut back a fence that is hanging over?
Don. www.donwiss.com (e-mail link at home page bottom).
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One and a half **INCHES** ? Really? You're making a fuss about one and a half **INCHES** ?

You'd better be damn sure that the survey is dead-nuts accurate, before doing anything at all. And your next step after that should be to talk to your neighbor.
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On Mon, 24 Jun 2013 15:19:48 +0000 (UTC), Doug Miller

There is no such thing. We like to think surveys are some kind of exact science but when they actually started looking they find +/- a foot is about as good as they get. I have 3 survey stakes in the North West corner of my lot from 3 surveyors over the years that you could not cover with a drywall bucket.
If you are not close to a section monument, where they start is arbitrary, usually aligning to the centerline of a road ... that is usually not actually in the right place. That is particularly true in developments where the developer built the road and ceded it to the county.
They are even finding out the section monuments are frequently misplaced.
I just watched a survey of the lot around the corner from me. This guy just used a metal detector to find old stakes and they took them as gospel. Unfortunately one was not really a survey marker so they just put a dog leg in the property line that does not exist on the plat.
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On Mon, 24 Jun 2013 12:43:00 -0400, snipped-for-privacy@aol.com wrote:

You are thinking of a survey in the countryside. This is in the city. They are accurate to 1/4". The surveyor spent quite a bit of time finding the four corners of the backyard. He had already done the survey for this back neighbor. The back neighbor's survey also appears on my survey.
He had to get a survey as he built an extension out the back. When doing my survey the surveyor looked at the new extension with his instrument and said he had put it exactly at the property line. And let me look in and see.
Don. www.donwiss.com (e-mail link at home page bottom).
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snipped-for-privacy@aol.com wrote:

Surely you jest. I did fractions of an inch over 40 acres with a plane table and alelaide. I got within 6" over 250 yards on my property with a 1x2 with two nails in the end. __________________

Nevertheless, that is still the reference point.
--

dadiOH
____________________________
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On Monday, June 24, 2013 12:43:00 PM UTC-4, snipped-for-privacy@aol.com wrote:

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About 25 years ago, I had to include a copy of an offcial survey map of my property when I submitted the plans to build my deck. They wanted a survey map with the deck drawn on it, to scale.
I was as careful as I could be, drawing the deck on the map and then, just to be sure, I measured the "scaled setback" on the map and then went out ba ck and measured the actual setback based on where I would be setting my pos ts.
To my surprise, I physically had about 10 more feet of actual setback than the map showed. How the heck could I have screwed up drawing the deck on th e map that badly? I check my drawing and everything was fine.
Then I went out front and measured from the property line to the front of t he house and found that I had 10 less feet of actual lawn than the map show ed. It turned out that they had drawn the house on the map 10 feet further back than is actually was.
The survey had been done about 6 months earlier when I bought the house, so I called the survey company and explained the issue. A few days later one of my stay-at-home neighbors said that they had a crew of 4 guys walking ar ound the neighborhood, climbing fences and looking under bushes for stakes and markers.
It seems that I shook 'em up pretty good! I later found out that they event ually found a "permanent" survey marker about a block from my house and red rew my map based on that. When I got the new map, it measured to within inc hes of where my house physically sat.
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On Mon, 24 Jun 2013 10:19:56 -0700 (PDT), DerbyDad03

Your front lawn should sue your back lawn.

You should have made them move the house.
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On Mon, 24 Jun 2013 12:43:00 -0400, snipped-for-privacy@aol.com wrote:

Then somebody is not doing their job.
A land survey has to "close" within something like 3 inches What you own is described - accurately- by the survey. The survey is "referenced" to permanent markers, called monuments, which are also described and referenced to others. If your property is "out in the boonies" and the survey is an old survey, it may be inaccurate - but with the "total statios" a they use today they can be accurate to within inches over miles of terrain.
Are they 100% accurate? No - but close enough to know if the fence is on his or your property - yes - because the survey deliniates your property according to the description on the deed. And he DID say both surveys were by the same surveyor and agreed, if I remember correctly.

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On Mon, 24 Jun 2013 22:14:09 -0400, snipped-for-privacy@snyder.on.ca wrote:

I put a bit of effort into seeing that I used the same surveyor. I do not have a land survey. I have what is called a Stakeout Survey. When your entire property is 20' x 100' one doesn't think of it as land.
Don. www.donwiss.com (e-mail link at home page bottom).
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wrote:

Back yards aren't very big here in Brooklyn. And as I wrote, his fence won't line up with the fence I'm putting across the back for the part that does not overlap.

I am absolutely sure. I have at this point only told his architect. He did not respond. I'm doubt the owner had anything to do with it. It was most likely the contractor's fault.
The fellow is new to the neighborhood. He still hasn't finished the now three year renovation project that he undertook when he bought the house.
Don. www.donwiss.com (e-mail link at home page bottom).
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at this point since he pointed out the "error" to the neighbor and the neighbor acknowledged the error, it's the neighbors problem
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On Mon, 24 Jun 2013 11:59:05 -0700, "Malcom \"Mal\" Reynolds"

I see it as sort of teh opposite. He knew of the problem and failed to take any action, not even a simple handwritten note telling the neighbor or contractor "Hey, your about to build in my property - DON'T!". So I think it's Don's problem now. His lack of action when he had the opportunity implied acceptance. Sort of like the supposed rule of traffic accidents, the person who had the last real chance to avoid the accident may be found liable even if it was the other guy violating the traffic law.
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I notified the architect last week, as soon as I knew about the problem. The architect designed the fence. No response. We are talking a couple months since the fence went up. No way does that imply acceptance. I have now notified the contractor. No response. I really doubt the owner has any idea that the fence is partly on my property. All was handled by the architect and contractor.
Remember they started to put it 2 3/4" on my property. I stopped them and told them to fix it. My assuming they would do as I ask does not imply acceptance.
Don. www.donwiss.com (e-mail link at home page bottom).
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On Monday, June 24, 2013 5:39:58 PM UTC-4, Don Wiss wrote:

Nonsense. Someone can't build a fence on your property just because you didn't go over there and stop them from doing it. All that matters is where the property line really is. If the fence is on a neighbors land it goes.

I don't know why you would notify the architect. You should have sent a registered letter to the OWNER.
We are talking a couple

Again, why haven't you notified the owner?
I really doubt the owner has any

Seems rather odd that you know who handled what and are engaging with the wrong people.

Where were you when it was going up? If that 1.5" really bothers you so much, why didn't you go over there and tell them to stop. Tell whoever was putting it up that you want to speak to the owner. Call the police if you had to.
Unless there is some special issue here, being off by 1.5" doesn't seem like it would upset most folks. I sure would not cut any part of the fence.
You stated that they went the 1.5" so that they could clear a telephone pole that is on their property. And that if they had put the good side toward you, that the extra 1.5" would not be necessary. So, I would go to the local code officials and get a copy of the fence ordinances. As DerbyDad said, in many places if there is a difference in the two sides, the better looking side has to face out. If you're luck, that could be the case where you are. Then they have to redo it anyhow.
If that route doesn't work, then I guess you have to figure out how important that 1.5" is to you and if you want to have an angry neighbor. If it was a foot, even half a foot, I could see it. With 1.5" I'm having a hard time.
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On Mon, 24 Jun 2013 15:19:48 +0000 (UTC), Doug Miller

Sounds to me like an ass got a free fence - but by rights the fence should be 6 inches inside the property line according to MOST zoning - which requires 2 fences 1 foot apart to separate properties UNLESS there is an agreement to share the fence. What the OP SHOULD do is finish his side of the fence to his satisfaction and shut up. He didn't have to pay gor holes and posts.
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On 6/24/2013 9:56 AM, Don Wiss wrote:

Did you ask your local inspection department? Or confer with a real estate specialist? o_O
TDD
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On Monday, June 24, 2013 10:56:44 AM UTC-4, Don Wiss wrote:

Well for one thing, I don't believe that your neighbor is allowed to install the fence with the bad side facing your property. Unless you've got some strange fence ordinances where you live, the standard rules call for the good side to face the neighbors.
Seems to me that while they are "turning the fence around" they should reposition it to be totally on their property. It could cause serious issues later on if you or they decide to sell.
Second, are you sure that your local ordinances don't require a set back for fences? My town allows the fence to be right on the property line, but many municipalities don't.
Do you and your neighbor not get along? It seems wierd that you pointed pointed out the property line and they still encroached upon your property, apparently without any further discussion. How did the property line discussion go when you brought it up?
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On Mon, 24 Jun 2013 09:08:57 -0700 (PDT), DerbyDad03

the fence with the bad side facing your property. Unless you've got some strange fence ordinances where you live, the standard rules call for the good side to face the neighbors.

I've never heard of that "ordinance" . If I'm building a fence I'm certainly not going to put the good side for my neighbor to enjoy while I look at the bad side. But I'm out in the west. Knowing how the eastern states tend to be Nanny states I would not be at all surprised if such a silly ordinance existed back east.
If there is such a law then shouldn't there be a law that requires you to build your house in a style and color that satisfy's your neighbors taste? After all, they have to look at your house too. Should they get to approve your shingles? If you park your cars near the property line should you be required to park the best looking car on the side closest to their property?

reposition it to be totally on their property. It could cause serious issues later on if you or they decide to sell.

fences? My town allows the fence to be right on the property line, but many municipalities don't.

out the property line and they still encroached upon your property, apparently without any further discussion. How did the property line discussion go when you brought it up?
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Some people want the 'good' side facing out so their house will look beter from the road. There are all kinds of housing rules and regulations in some areas. Historic districs can tell you what color to paint your house and even which bushes to plant. That is why I have asked bout that in any area that I have bought a house. The only rules where I buy a house apply to the whole county.
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On 6/24/2013 12:19 PM, Ashton Crusher wrote:

the fence with the bad side facing your property. Unless you've got some strange fence ordinances where you live, the standard rules call for the good side to face the neighbors.

isn't that called an hoa?
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