Legal Question in Construction Law in California

Re: removal of land owners fence with out permission

The right to remove a fence is based on the ownership of the fence, not ownership of the land the fence is built on. This can be a subject of confusion, and I'm not even sure the law is "right," but that is the law. There is a case holding that when X mistakenly built a fence on Y's property, thinking he was fencing his own land, Y was not entitled to resort to self-help by removing it himself.

Re: removal of land owners fence with out permission

If the fence is on private land, generally only the owner can touch it. If the fence is exactly on the property line between two adjacent properties, the adjacent property owner may have a duty to maintain the fence. However, I would very much doubt that he can remove it without liability to the adjacent property owner. If the person desiring to remove the fence is not an adjacent owner, he would be liable for trespass and damages. If the person desiring to remove the fence has an easement and the fence is blocking the easement, this could raise other questions. You need to provide more information to get a comlete answer.