neighbor's fence partially on my property

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On 6/24/2013 9:58 AM, Don Wiss wrote:

perhaps. will parts of the fence fail because you sliced off 1.5" of a 3.5" post, and will you have to pay to make your neighbor "whole"?
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Unlikely. The back wall is fully integrated into the side fence. The fence would still have two 4x4s that are behind my next door neighbor's property.
Don. www.donwiss.com (e-mail link at home page bottom).
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On 06-24-2013 14:02, chaniarts wrote:

Not to mention how much sooner will "two feet of soil on his side ... dump onto [your] yard."
--
Wes Groleau

Ostracism: A practice of sticking your head in the sand.
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wrote:

So he obviously did not have a grading permit - is your municipality a zoned municipality? sounds like it. What effect will his grading have on your drainage? Will it divert water onto your propery?
If after talking to him, civily, he does not give you a satisfactory response your only recourse would be the building/planning department and bylaw enforcement. Sounds like his fence is overheight, which he tried to remedy by backfilling - and he is using a fence as a retaining wall, and he likely has not got a grading or drainage permit - all of which are more serious than 1 1 1/2" encroachment.

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On Mon, 24 Jun 2013 22:23:06 -0400, snipped-for-privacy@snyder.on.ca wrote:

Do we have zoning? I'm a R6B zone. It won't divert water onto my property. The fence will keep it on his side. The biggest effect of his fill is the silver maple won't like have the soil level raised above much of its roots.

The fence over height is simple. I call 311 and the building inspector comes and measures. The only way to reach him is snail mail or walk around the block and ring the door bell. But as I have noted elsewhere, it is the contractor and architect that did this.
Don. www.donwiss.com (e-mail link at home page bottom).
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On Monday, June 24, 2013 11:16:09 PM UTC-4, Don Wiss wrote:

And while they were putting up a fence on your property, you never did that. Nor have you in the two months since.
But as I have noted elsewhere, it is the

Again, with the architect and contractor. How do you even know who exactly did what? How do you know the architect was aware they were putting a fence on your property? Did you see plans from the architect that show the fence on your property? Somehow I doubt that. If I was the architect, I wouldn't respond to you. Maybe the architect even told his client he couldn't put the fence where he wanted. You think the architect then wants to get mixed up in taking sides by talking to you? Good grief! You need to talk to the PROPERTY OWNER.
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I know the contractor. I know the architect. He is also my architect. And the contractor is supposed to be my contractor, but doubtful after this. I know all about the project going on behind me.

He may not. But he is supervising the contractor and he designed the fence.
Don. www.donwiss.com (e-mail link at home page bottom).
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On Tuesday, June 25, 2013 2:24:51 PM UTC-4, Don Wiss wrote:

Does "supervising" mean that the architect is accountable for the contractor's actions? If the contractor does something seriously wrong, would the architect's firm bear the final responsibility?
If the architect's firm is not officially acting as the general contractor, I don't think they would be responsible for the actions of any individual contractors.
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On Tuesday, June 25, 2013 2:31:42 PM UTC-4, DerbyDad03 wrote:

actions? If the contractor does something seriously wrong, would the architect's firm bear the final responsibility?

don't think they would be responsible for the actions of any individual contractors. I've never seen anything like this. If I hired an architect, contractors, etc and a neighbor was calling them up about what they did or didn't do wrong with some contruction project, instead of just coming to me, I'd be pissed. I mean if a contractor backed into my car, yeah, then I'd just go talk to the contractor. But if the contractor built a shed, fence, house, whatever on my property, I would be talking to the property owner. Another example of how small neighbor problems can get turned into major battles.
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On Tuesday, June 25, 2013 2:24:51 PM UTC-4, Don Wiss wrote:

You may think you know all about what's going on, but apparently not. Did you see a plan from the architect that says to put the fence on your property? If I had to guess, if the architect called out where to put the fence, he probably showed putting it exactly on the owner's property. The fence installer saw the telephone pole, realized that they could avoid it if the fence was just 1.5" over, figured no one would notice or care, and went and did it. Now, if you start calling up the architect, the contractor, do you think either one is going to take your calls and start discussing with you what did or did not happen? You're not paying them. If I were either of them, I wouldn't talk to you.
Also, if that architect called out putting up a fence and then using it as a retaining wall for 2 ft of earth, he must be nuts. Among obvious flaws, that wood is going to rot. And the fence may just fall over from the force on it. What does your code officials say about that?
The way you're proceeding is almost as bad as what they did to begin with. How would you like it if you're paying an architect and contractors and then the neighbor next door starts engaging with them about what they a re or aren't doing, instead of you? If you did that with me, I'd be pissed off. This is bizarre, why you refuse to talk to the owner.

And in the end, you beef, your claim, your course of action is with the PROPERTY OWNER.
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In

+1 he keeps ducking that question must be a New York thing
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Nope. I lived in the Bronx. Knew all my neighbors and stayed on good terms with all of them.
This "Don" guy keeps talking about attacking the fence and crap like that. Hope he doesn't move in next door. He's got a 1.5 inch encroachment but needs to build his fence 6 inches from the property line. Do the math.
When the fence was built, there should have been a discussion between neighbors. Maybe there was, Don never said when the fence was built. Now that its built and it's not in his way, I think he should move on.
A while back I put a fence 6 inches from my neighbors fence. (Too close to be "legal".) Of course we discussed it and he and I agreed before hand that we both preferred it that way. (Better to keep the deer out.) The 6 inch gap is filled with wire netting.
So, it's not a New York thing. New Yorkers have a reputation, but it's not true. I had some great neighbors and I miss them. Neighbors fighting starts with idiots. Idiot's are not confined to NYC.
--
Dan Espen

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What is this 6" from the property line? Fences in my zoning district can be right at the line.

There was never a discussion. The only discussion was when the first post went in I went out and measured it and told the workmen it was on my property and to move it. The said they were trying to get all of the pole inside the fence. Because the posts are on my side this was hard to do. I told them I didn't care if the fence went around the pole. You can see the hole in the fence for the pole:
http://donwiss.com/pictures/misc/BackFence.jpg

I don't know anything about 6". I know all the neighbors on my street. As I've written before, no one knows who is on the other street. Except for one outgoing fellow from the other street that walks his dog around the block. Most people just walk their dog up and down the block they live on.
Don. www.donwiss.com (e-mail link at home page bottom).
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Forgot that parts of NYC are so tightly packed that reason flies out the window. Putting one fence right up against another just seems wrong.
So if your new fence is 2 inches deep and the neighbor is 1.5 inches over, you're going to loose 3.5 inches.

I see some kind of gap on the right.
So, above you say there was no discussion, but you repeat a discussion. First you say you asked the workers to move it, then you told them you didn't care.
Sounds like you agreed to them putting it there.
Too late to do it over.
If I were you, I'd build the same kind of fence on the 2 sides of your yard. Then you save 1/3 on materials and you only loose 1.5 inches.

Outgoing? Yep, it takes someone to make the first step.
--
Dan Espen

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There was never a discussion with the neighbor. Only discussion with the workmen.

I never ever told them I didn't care. I don't know where you got the idea that I said I didn't care.
Don. www.donwiss.com (e-mail link at home page bottom).
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Don Wiss wrote:

The photo that you posted helps.
In your first post you wrote, "I'm adding a fence to the back where this fence isn't, and it won't line up."
I assume you mean you want to add a fence along the back to the right of where this new fence is.
Any chance that you could post a wider angle view of the back that shows the new fence and the area where you want to add a fence? I think that would help is giving more context to what you are trying to figure out.
Also, do you know what type of fence you plan on putting up across the back?
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Correct.

http://donwiss.com/pictures/misc/BackSideFenceSWCorner.jpg
For some reason the neighbor's contractor bought 2x6's and 2x4's and ripped them in half. And gave my side the saw marks.

It isn't designed. You can see part the new side fences that are being built now in the above picture. There will also be a 2x2 strip across the midsections for plank support. The other side facing the neighbor is the front, but it is a totally plain. My side has more interest.
My fence will get a sealer which will darken the mahogany. The opening is so they can get to the other side to apply the sealer.
A Harbor Freight opened nearby. I went and bought a 30' tape measure. (25' is my longest now.) As soon as I have a second person I will get a more accurate measurement of the 29' 5 3/4" that is mine behind the house. The price was not only good, I got a free voltmeter included for my $5.00.
Don. www.donwiss.com (e-mail link at home page bottom).
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Don Wiss wrote:

Thanks for the additional photo. That helps complete the picture of what you are trying to do.
Here are the two photos that you posted so far:
http://donwiss.com/pictures/misc/BackFence.jpg
http://donwiss.com/pictures/misc/BackSideFenceSWCorner.jpg
I assume that you mean that you will be putting up a new fence on the left side like the new fence that you are now putting up on the right side. That fence that you are now doing does look good.
And, you will be putting a new fence on the back to the right of the fence that your neighbors put up.
So, the problem now is what to do in regard to the new fence that your neighbors already put up in the back.
To me, the fact that you see the "inside view" of the neighbor's new fence (instead of what should be the exterior side) is not a big deal since the rest of your own fence will be showing you the "inside view" anyway.
I guess you could just connect your fence along the back to their fence and call it a day. Your fence looks much better than theirs, and their fence boards go in a different direction than yours (horizontal instead of vertical). But, maybe "it is what it is" and that would be good enough.
Or, maybe you could modify their fence to make it more compatible with the look of your fence. To do that, maybe you could just attach your style of vertical boards to their fence (directly to the horizontal boards that they have there now). That would make the look more compatible with your new fence. Plus, you could add a horizontal cross piece along the bottom and the middle to make it sort of match your fence style. That would also be a way to cover up the stupid hole in their fence where the pole is (behind the A/C condenser unit). If you did that, I don't think anyone would care or notice that the back fence and the side fence were not exactly the same.
And, frankly, at this point, I wouldn't bother worrying about whether their fence is on the line, on their side, on your side, or whatever. Life is too short to lose sleep over that one.
One thing I did notice in the first picture that I am curious about is that it looks like there is snow on the ground. Is that snow? Was there snow there recently or is this a photo of the fence from a few months back or more? The reason that I am wondering is that if this is how the back fence has been for a few months now, it seems a little late to try to undo what they have done.
You're there, and I am here, so I don't really know what the best options for you would be at this time. But, those are my thoughts based on what you have written so far.
Good luck.
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I may put a trellis across the back. My landscape designer wants to mount planters on the wall and a waterfall. I'd be happy with a vine. The problem is it is too shady for a flowering vine. Being a designer he wants to do something fancy. I don't want anything that requires maintenance, as the back yard is the tenant's exclusive space. While the current ones are using the backyard, I have had tenants that have put stuff in front of the door to the outside and never stepped foot out there.

Yes.

Actually the fence went in last November.

It certainly would have been better had I realized this before all the soil was dumped in there. The problem is after I asked the workmen to move the fence off my property I assumed they would do as I asked. To measure I have to recruit someone to help. And I never bothered.
Don. www.donwiss.com (e-mail link at home page bottom).
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Don Wiss wrote:

Okay, so it's a tenant occupied rental property, the back fence has been there since November, and you may have a simple solution of just putting up a trellis across the back. Sounds like a plan to me. I would skip the idea of planters and a waterfall -- nice thought, but not for what you have, and not what you want in terms of less maintenance.
If I got it straight that the neighbors in the back piled dirt up along their side of the back fence, then the bottom of that fence will probably rot and decay fairly soon -- I'm guessing a year or two. And then you can play the game again of "what to do".
Overall, I think you're all set for now, and you can just go with the simplest plan -- connect your new short section of back fence to the end of theirs, consider their hokey fence a free gift, put up the trellis along the back that you are thinking of adding (a good idea; why didn't I think of that?), and focus on collecting the rent and moving on to the next investment property.
Good luck.
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