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Old 19-06-2008, 09:05 PM posted to
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First recorded activity by GardenBanter: Jul 2006
Posts: 431
Default Neighbor Fence Problem/Question?? LONG!!

On Jun 19, 2:15*pm, (MICHELLE H.) wrote:
"They have no right to trash his garden!!"

I didn't know that ACCIDENTLY hitting a plastic "Whiffle-ball" into a
garden was considered "trashing a garden"!!!!!

I could see if the kids were running over into his garden and stepping
and stomping on all his plants, then yeah, that would be trashing his
garden. But thats not what they do, as they KNOW that they are not
allowed to go into his yard ( because of his threats to call the police!

But ACCIDENTLY hitting a plastic ball over in his garden like 3-4 times
a year is "trashing it"???

COME ON!!!!!

Unless I'm missing something, the basic math here doesn't add up. We
are told that:

"Well, when he installed the fence, he installed it about 3-4 inches
from the property line, toward his garden, but he didn't want the
or soil on the property line touching his fence, so he dug out a big
trench about 2-3 feet deep, and 2 feet wide from the property line to
his fence.

So if you went right up to the property line, there was a big
trench 2-3 feet deep, and 2 feet wide on the property line, that went
to his fence, which was about 3 inches back from the property line. "

How can you have a 2 ft wide ditch from the property line to his fence
and also have the fence located 3-4 inchs from the property line? If
the fence is 3-4" from the property line and the ditch he dug is on
the OP's side of the fence, which is what it sounds like, then most of
the ditch was dug on the OP's property.

Some pics of this would sure help.

Basicly, if he dug a ditch on the OP's property, then the neighbor is
in the wrong. If the fence and ditch are entirely on his property,
then he could be OK in that regard, but all local ordinances would
still apply. I would think an unmarked 2 ft wide by 3 ft deep ditch
dug by anyone on the edge of their property would be of interest to
the local code official. Even if nothing specifically addresses it,
it could very well fall under some general category of creating a
unsafe/dangerous condition on the property.