neighbor's fence partially on my property

Page 10 of 12  
On 06-27-2013 16:34, snipped-for-privacy@optonline.net wrote:

Having been in court several times, I can say, "Not necessarily."
When the lease had the usual clause about tenant paying collection costs, lawyer fees, etc., The judge made them pay the skipped rent. interest and fees were omitted. Never got the rent either. Lawyer offered to go after that for MORE fees.
Even worse, a judge in a HOA dispute said that although he was "concerned about the clear violation of covenants" he was going to rule for the defendent because the paperwork ruling for the plaintiff would take too long.
I asked the plaintiff's lawyer, "Did he just say ON THE RECORD that he doesn't intend to do his job?"
Lawyer shrugged and said, "Yeah, but what can you do?"
--
Wes Groleau

Change is inevitable.
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snipped-for-privacy@optonline.net wrote:

Ever heard there is no law but exceptions?
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wrote:

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On Thu, 27 Jun 2013 21:28:45 -0400, snipped-for-privacy@snyder.on.ca wrote:

Which is exactly what a 1.5" mistake is.
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wrote:

Is a 1.5" mistake the same as a 1.5" I know its wrong but I'm doing it anyway? Intent may be a factor.
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I could answer that but it would just be my opinion and that's what's got this whole discussion in a tizzy. Combine that with the notion some people have that judges "just follow the law". Jeez, haven't you people ever been to traffic court? The lower you go in the court hierarchy the more the judges just do whatever the hell they feel like doing. Thinking "I'm right, therefore I'll win" is a fools game.
Yes, Intent could be a factor. But keep in mind that the parties to the suit will not necessarily be the guy with the intent/the guy that made the mistake. Are you going to sue the guy who owns the fence or the guy who built it?
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wrote:

My favorite was many years ago in Philadelphia. Must have been 150 of us in court that morning. Judge comes in and the Bailiff says "all rise". Judge walks to the bench and asks "how do you plead" Everyone (what a surprise) said NOT GULTY. Judge said "dismissed" He probably had an early Tee time.
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On Thursday, June 27, 2013 10:28:18 PM UTC-4, Ashton Crusher wrote:

Despite expressing opinions, you haven't even read the facts. As the facts are stated, it was most definitely *not* a mistake.
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On Fri, 28 Jun 2013 05:42:54 -0700 (PDT), " snipped-for-privacy@optonline.net"

Are you sure? Yes, the initial error was pointed out. Do we know that the guy who was party to the conversation was the actual guy digging the holes? We know he did move the first erroneous posts back. Not enough apparently. But can we be sure there was not a misunderstanding between the OP and the contractor as to what was to be moved back? The OP's intent was that NOTHING encroach but perhaps teh contractor thought the OP meant that he didn't want the face boards encroaching but didn't care if the posts did. Or maybe he intended that nothing encroach but he did the math wrong when he figured how far back he needed to move things. What do you suppose will be testified to in court? I have seen many instances of this kind of miscommunication and it's certainly within the realm of possibility here. So I again offer MY opinion that if this went to court the judge would say "You're here to complain about a 1.5" accouchement!!! Case Dismissed, or perhaps "I'll award you $150 for a counseling session".
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On Thursday, June 27, 2013 10:28:18 PM UTC-4, Ashton Crusher wrote:

If I am understanding the situation correctly - based on what Don has writt en - it wasn't a mistake.
Let's recap:
From the first post in this thread:
"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."
Key point: Don said the neighbor did it, but later he "clarified" that and said he didn't talk to the neighbor, he talked to the contractor.
*Time out for some defense lawyer speak: If he started this thread with a f alse/unclear statement, can we really trust anything he says after that? He first said "The back yard neighbor..." followed immediately by "_They_ hav e a survey" and mentioned a pole "on their property". At that point in the thread it was not clear who "they" refered to, but we all assumed it was th e neighbor. Only later did he clarify that "they" meant the contractor. Tha t also mean that the statement about "on their property" was essentially fa lse.
OK, if we ignore the "who is they" issue, the key words from his OP are "I showed them where the line was. But they went ahead and did this..."
Later, when you (Ashton) said:
"I think you would be on shaky legal grounds. From what you said you knew when it was being built that it was on your property yet you let them build it there"
Don replied:
"NO. I stopped them from putting it 2 3/4" over and told them to not put an y of it on my property. I showed them where the line is."
So, if we choose to believe what Don has posted, as soon as they (the contr actor) started to install the fence 2 3/4" over the property, he talked to the contractor and informed him as to where the property line was.
If, in fact, the contractor installed the fence 1 1/2" (later reduced, by D on, to 1 1/4") in order to clear the aforementioned pole, then there was no "mistake". The fence was intentionally installed on his property.
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I recruited someone and with my new 30' tape measure I took two measurements. At one spot it is 2" over. At another spot it was 1-1/2" to 1-3/4" over. If there is a bow in the tape you can't get an accurate measurement.
It appears to not be straight. In addition to the pole, they also had to clear a silver maple that is in their yard, but not behind my yard.
Don. www.donwiss.com (e-mail link at home page bottom).
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On Fri, 28 Jun 2013 06:57:10 -0700 (PDT), DerbyDad03

Hopefully you read my immediately prior post of a minute ago. There is plenty of unknowns here in terms of what was said and more importantly, what was actually understood. In addition, we cannot rule out that the contractor intended to get it ALL on the right side of the "line" but made a calculation error.
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On Mon, 24 Jun 2013 17:24:34 -0700 (PDT), " snipped-for-privacy@optonline.net"

De minimus, non curat lex. The law does not cure minimal [problems]. This is a recognized principle in the law.
What is too small to cure is a topic of its own. Lots of factors make a difference. I this were the Ponderosa ranch with 50,000 acres, an inch and a half would mean nothing.

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Do you lose a lot of your yard? Do you encroach on a third neighbors yard?
--
America is at that awkward stage. It's too late
to work within the system, but too early to shoot
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wrote:

I don't know if I posted this or not. When the guy put the fence around my backyard, to avoid the downspout, he put ONE post an inch or two onto my townhouse neighbor's property. He put the next post and all the others right where they should be, and so the 8 feet from one post to the other is at an angle, In our case, it's a corner of the yard between the deck, the house wall, and the fence, where no one goes except to connect the garden hose. No one has complained. I wouldn't complain either if I had the house next door.

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in this litigious age, I would ask your insurance agent if there are any legal ramifications to this encroachment. ie, someone hurts themselves on the neighbors fence, but it's in your yard, who is responsible?
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wrote:

I think you would be on shaky legal grounds. From what you said you knew when it was being built that it was on your property yet you let them build it there. A court could rule that you effectively gave them an easement by doing nothing to stop it when you could have. Not knowing how the court might rule I'd not be cutting up someone's fence. Why can't you just line your extension up with their fence? Is it a concern that part will be on their property? If so, you and your neighbor can just give each other a written easement for the others fence. I don't recall the specifics but I'm pretty sure I've seen something in the legal documents when I bought my house and it was about how the fence was built straddling the property lines of something or other about it to cover this issue.
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NO. I stopped them from putting it 2 3/4" over and told them to not put any of it on my property. I showed them where the line is.
Don. www.donwiss.com (e-mail link at home page bottom).
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on the other? In many regions one is required to place the posts on the owners property and have the finished side facing the neighbor's side on the property line. If a dispute is involved the person with the posts is deemed the owner. Two sided fences where both sides are finished are often built straddling on the property line and the costs shared by both property owners. If one builds a fence at his own cost it is normally built on their own land, that way they have full control over it. My fences are built about 2" inside my property line so I own them fully.
You may want to contact your local authorities as fencing is a constant source of disputes that they have to police, they will provide the rules and regulations that cover fencing in your area. You may find that you own the fence your neighbor built, but get a ruling first.
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Correct. The posts are on my side. His side is totally blank.
Don. www.donwiss.com (e-mail link at home page bottom).
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