neighbor's fence partially on my property

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On Monday, June 24, 2013 12:47:13 PM UTC-4, DerbyDad03 wrote:

http://realestate.findlaw.com/neighbors/conflicts-involving-trees-and-neighbors.html

roof, it wouldn't prevent me from using my roof or any other part of my property. Does that mean I can't cut it to protect my investment?

vehicles, it wouldn't prevent me from using them or my driveway. Does that mean I can't cut them back so that I can enjoy my vehicles, not just use them?
You're right here. In most locations you can cut tree limbs that overhang onto your property back to the property line without any justification. You don't see it done much because usually it's not an issue.
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On 06-24-2013 20:14, snipped-for-privacy@optonline.net wrote:

We had a neighbor once who complained about the "unsightliness" of the children's toys she saw in our backyard when she looked over the fence.
When we ignored her, she trimmed our evergreen precisely on the property line. The funny thing is, the result was a big ugly hole in the tree that could only be seen from her property. Didn't bother us one bit. :-)
--
Wes Groleau

A bureaucrat is someone who cuts red tape lengthwise.
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Don,
Destroying your neighbor's property is not legal. It's not clear in your posting why you and the neighbor aren't resolving these issues though it sounds like you see mountains where others see mole-hills. Here are some options. You may write to your neighbor giving your permission for his encroaching fence. This may prevent "adverse possession" of the property and may help heal whatever ill feelings exist. You may complain to various municipal inspectors about the fence. There may be a need for a building permit. There may be a need for a setback. There may be a requirement that the "good" side of the fence face outward. This shouldn't be expensive. You may sue in civil court (this is not a small claims case}to get an order to fix the fence. You'll probably need a lawyer to do this.
Dave M.
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That is a good point. Though it wouldn't exactly be destroying.

One of the problems is the neighbor cannot move the fence. After he put it up he piled over two feet of soil on his side. It is a cedar fence. I gather at some point it will rot and the soil dump onto my yard.

Possibly. But I still have a mismatch between the part of my back yard with this fence and the rest of my back property line.

There is no need for a permit for a fence 6' or less. This is 7'. The height is illegal, as he did not file for a permit. There is no need for a setback. With backyards that are 20' x 29 5-3/4" a setback wouldn't make sense. There is a setback for a/c condensers that no one follows. There is no requirement that the good side face the neighbor. It is only fence etiquette.

But far simpler than all of this is to simply slice off the part that is in my yard. Very simple to do.
Don. www.donwiss.com (e-mail link at home page bottom).
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wrote:

Talk to the neighbor, express your concerns. If he tells you to go fuck yourself, call code enforcement and ask them to enforce the code. They have the power to make him move the fence or face fines.
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On Mon, 24 Jun 2013 13:10:51 -0400, snipped-for-privacy@aol.com wrote:

There is no question that I can have him get in trouble for having the fence too high. But I am not aware of any building code that says the city will step in if the fence if over the line. But maybe there is.
I just e-mailed the contractor. I had been trying to not rub him the wrong way. He has some capabilities that not all contractors have. I have been hoping to hire him for projects at my house. This e-mail may burn my bridges with him.
Don. www.donwiss.com (e-mail link at home page bottom). Don. www.donwiss.com (e-mail link at home page bottom).
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On Monday, June 24, 2013 1:29:14 PM UTC-4, Don Wiss wrote:

It defies reason that you're emailing the contractor, the architect and not talking to the owner. If I was either of those guys, I wouldn't talk to you.
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Because they were the ones that did this. I can assume you the owner doesn't know anything about this. The architect designed the fence. The contractor built it. All the owner did was to pay for it. And the one responsible to fix it would be the contractor. He is the one that knowingly put the fence on my property.
Don. www.donwiss.com (e-mail link at home page bottom).
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On Monday, June 24, 2013 11:11:17 PM UTC-4, Don Wiss wrote:

You're looking in the wrong end of the telescope. Your beef, your claim, your disagreement is with the PROPERTY OWNER. Sure, if I saw a fence contractor putting up a fence on my property, I would go over and tell them that they can't. You apparently did that, talking to some workers, though maybe not the contractor himself. That's good. But then you should have immediately gone over and TALKED TO THE PROPERTY OWNER. Even worse, when they actually started putting up the fence, you did nothing. At that point, you should have gone over to the workers, tell them that they are trespassing and that you won't allow them to put up a fence on your property. Since you hadn't done so, that would have been a good opportunity to go ring the neighbor's door bell. And if they insisted they were going to proceed, you should have called the police.
Now, months later, you still haven't talked to the owner. Instead you persist in screwing around with their architect and fence company. If I were either of those guys, I wouldn't waste my time talking to you. This is a good example of how these nasty neighborhood feuds start. The neighbor is wrong. But the way you're handling it is just dumb too. What is so hard about talking to the neighbor?
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On Tue, 25 Jun 2013 05:51:38 -0700 (PDT), in alt.home.repair trader wrote:

Trader is right. You are wrong. Contractors do what they're told, and even if he wasn't told to put it where he did, your recourse is with the land owner. This is not like criminal law, where the killer for hire is guilty of murder and so is the guy who hired him. If you couldn't find the owner and neither of these guys would tell you who it was, you might have a case against them, but do you think either of them is going to go to that fence and tear it down because you complain? Or give permission for you to cut off 1 1/2 inches? Of course not. If they did, the owner would yell at you, you would say the contractor said it was okay, and the owner would sue the contractor or architect, whoever said it was okay. Neither of them is going to help you.
YOU are foolish to keep concentrating on the contractor and architect.
If you actually have to sue, you might be advised to sue all three parties, so whoever you do sue doesn't blame someone who's not in court, but that's a topic for later.
If you don't believe us, ask on misc.legal.moderated . Which is very slow now, but cheaper than hiring a lawyer. you may need to that too.
You can't cut off parts of the fence. It IS destroying the fence, even if the fence doesn't fall down.
If you are nice, maybe the owner will agree , but only do it if he agrees in writing, to let you or someone skilled cut off half the fence, but I doubt it. You'll have to leave the below ground parts full size, or the posts will be loose and the fence will fall over. Then you will have torn down the part even you think is on his land.
Cedar fences last a long time, the wood posts if they are not cedar but treated probably 30 years or more, Anything that is cedar, posts, pickets and rails 25 years or maybe less. The rails last longer if they get sunlight. . Cedar is naturally resistant to rot, but not forever.
If the fence stands, you do want to give him written permission, and have him sign an acknowledgement of the permission (because he may well lose what you gave him, or die, or sell the house) so that when the fence finally does fall down, there is no doubt you own what you own. (no adverse possession or prescriptive easement)

I can't follow this or the rest of your descriptions at all.
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On 6/24/2013 8:11 PM, Don Wiss wrote:

nonsense. the owner has to sign off on anything built. contractors just don't do things like this on their own, if they want to stay in business. he must have been informed, at least indirectly, of what and where it was built, making it his responsibility.
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On 06-24-2013 23:11, Don Wiss wrote:

Why do you ask a question when you have already decided you won't like the answer?
--
Wes Groleau

“If it wasn't for that blasted back-hoe,
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Wes Groleau wrote:

Hi, That is funny. I had 5 houses built and every time I had built fence. I always consulted with either side neighbors regarding position of fence, style, even color, cost sharing. Once agreement is reached I started the job working together. No problem whatsoever there.
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On 6/25/2013 11:17 PM, Tony Hwang wrote:

OH MY GOD! Sorry, it makes too much sense for the building of a fence. ^_^
TDD
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Although this obviously can't be done too often, when we put up our fence, we were the only house on the block. The lots on either side hadn't even been sold yet. So, we put the fence up and if the other guys didn't like it, it wasn't as if it was a surprise (grin).
--
America is at that awkward stage. It's too late
to work within the system, but too early to shoot
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On 6/26/2013 10:20 AM, Kurt Ullman wrote:

Hey, I did make it rhyme! ^_^
TDD
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A rhyme? This time? Oh blyme!
To prime the crime, a rhyme of blyme, is clearly past the prime.
. Christopher A. Young Learn more about Jesus www.lds.org . .

Hey, I did make it rhyme! ^_^
TDD
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On Monday, June 24, 2013 1:29:14 PM UTC-4, Don Wiss wrote:

Jeezus Kee-rist, email is NOT the way to handle this. Everybody is so damned timid and shy, afraid of human contact.
Email is still not a primary business correspondence on things of importance. You need to pay the contractor a physical visit, or call him on the phone and talk with him personally.
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On Monday, July 8, 2013 11:26:10 AM UTC-4, snipped-for-privacy@gmail.com wrote:

I would disagree. Today email is a primary means of business communications. And unlike a visit or a phone call, you have proof of what you sent, what their reply was. If you wind up in court, that is good evidence. With a call or conversation, there is no proof of who said what.
If they ignore emails, for something where I want to put them on notice, I'd send a registered letter.
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On Monday, July 8, 2013 12:24:29 PM UTC-4, snipped-for-privacy@optonline.net wrote:

It is *A* means of business communication, not the primary means though.
It's so easy to send emails that your "important" email gets lost in the dozens of other "important" emails everyone else is sending.
The email is proof you made contact. You still need to follow up with a phone call, to make sure they read the email and understood it.
At work, management gets so many emails in a day it's not humanly possible to read them all, so they don't. "I sent you an email" is not an excuse when they're not aware of some issue that goes up the food chain to the executives.
So, you email, follow up with a phone call, and in some cases, a physical visit to the manager's office.

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