Legal Question in Real Estate Law in California

Re: Access to maintain my fence from neighbor's property

First of all please understand merely because your old fence was there does not mean that that is in actuality the property line. I just bring this up so you understand while it is not an issue at some point it may arise. Neither of you is done anything incorrect or illegal. The problem is you cannot enter his property as he is made it clear by the no trespassing sign. At the same time you're right to maintain your fence but I still do not understand completely how the dirt is running your fence. You of the right to request access to make sure the dirt doesn't build up or he can do that. If the fence starts rotting venue of a right to sue him and small claims for the damages caused by his failure to allow you to maintain the fence or in the alternative his selectman of the fence. How his planter box is the cause of a problem is a matter which you must prove. It seems to me if it is made of wood, like your fence it should be rotting away at the same pace. I would suggest that you start taking pictures of your fence both on your side and on his side by getting a stepladder and taking the picture over the top. You're not trespassing on his property by taking a picture over the top of the fence. Do not go onto his property. Continued pictures and documentation can show court the periodic condition of the fence if it does start to rot. Any letter you write him keep a copy of incentive to him certified, return receipt requested. Make sure the green card you fill out that is attached to the envelope is returned to see you and keep that with your copy of the letter. Citing him the exact law will not matter. Just tell them that each party has a requirement to maintain their side of the fence dividing the property. If he doesn't wish to grant you access then it's his responsibility.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Access to maintain my fence from neighbor's property

If, indeed, the wire fence you describe does accurately define the property boundary, and your new wooden fence is built entirely on your property, the soil he has piled against the fence constitutes a trespass on your land. The remedy for you is to notify him of the trespass (on your 8 inch strip of land inside the boundary -- assuming that is correct), and demand he remove it. This accomplishes a couple things. First, it puts him on notice that you know where your property boundary is and that you are aware he is encroaching on your land. Second, it sets the stage for any further action you may have to take in the matter, including litigation to eject him (his planter box soil) from your property.

It would not be prudent (or legal) for you to enter his property and engage in "self-help" remedies such as destroying his planter box and moving the soil away from the fence, yourself. Before you do anything as dramatic even as sending the above-described notice, you should be very certain of where the property boundary lies. This may require a survey of that portion of your land, unless you can locate and definitely identify survey stakes or other markers defining that property line.

It is always unfortunate when neighbors cannot work out an issue between themselves, and it becomes necessary to involve attorneys and a court of law. You obviously did not "need" that 8 inch strip of your land, since you fenced it out from your own use. Have you contacted your neighbor and tried to reach an amicable resolution, including the possibility of redesigning his planter so that it will not deteriorate the wooden fence? You should try all available "friendly" solutions before assuming that a bitter contest between next-door neighbors is necessary.

I wish you the best in resolving this matter!