Column and Fence issues

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noname

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Background: Five years ago I had a wooden fence replaced with white stucco wall and wrought iron gate. While the builder was doing the wall, the neighbor came out and decided she wanted one. She didn't have enough room to put the required columns and have a regular size gate, so she told the builder to move the column over to share, like the wooden post was shared. My permit and deal with the builder (not licensed contractor) was to go to the wooden post.
This wasn't a problem until I wanted to paint it white, and she wanted gray. I paid a surveyor to come out and mark the line. There is roughly 5 inches on her property of a foot wide column. It has been white all these years because I painted it white and threatened to sue.

We recently went in together to replace the wooden fence between our yards with a 6' block wall on the property line. Not a problem, except the fence is really more than 6' above the ground, being 6'8" next at the back of the column and working down to 6' at the back of her yard, which is the highest elevation of our two yards.

Problem? The city inspector told her today that she could only go to 6' on the block wall behind that column. She had the builder (not licensed) put another block on so it would be 6' at the back, and didn't have him cut the front blocks so it would also be 6' even.

Second problem? The blasted column. She wants to raise it to hide the block wall behind, now elevating over the column. But she wants it gray again for the same reason-- it matches her house and is closer to her house. I want it white for the same reason. It was my column to begin with and it is mostly on my property although it is a shared column.

Questions: Should I report her to the city inspector for violating what he told her to do on the wall at 6'?

Do I have any legal ground to sue for the blasted column or anything? I don't believe it's encroachment on her property because she needed a column or post, but I don't want it to be mine. I would rather tear it down and have it moved back to my yard and let her do something else. Can I do that instead-- tear it down and redo?
 
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Well, the more I thought about it, the more I felt the right thing to do would be to tear down the column and my wall on my gate and it it done again, this time building the wall with the column going to the property line as it was intended five years ago. That way, I have the column I ordered and paid for and the wall designed to match the wall/gate on the other side of my house.

I spoke with my neighbor to let her know of my intention so that they wouldn't go to the added expense of raising their half if I plan on having the whole thing torn down.

She's upset and doesn't want the column torn down, saying I am costing her more money. She said she ordered her own column and the builder didn't give it to her, instead sharing mine and said I knew that at the time. That's wrong and I have people who know about that from the years gone by who will witness for me.

I still feel this is the best to do, even if I have to go to court.

This was not a licensed contractor, so I can't go back to them and complain. I just need to pick up the expense and start over.

Do you have any advice for me? I realize I've started a property war, but I want my column to be mine.
 
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