Legal Question in Real Estate Law in California
Boundary hedge
My next-door neighbor of 5 years wants to build a wood fence between our properties. The area between our houses is narrow and a healthy hedge and a rose over an arbor to my side are growing. These were planted about 12 years ago where an old hedge had grown with the permission and co-payment of the then-owners. No property surveys were done nor are there any markers here. I alone have cared for these plantings.
The area slopes steeply downhill and a low board was placed on her side of the hedge to prevent water runoff to my side
since her property here is slightly higher.
What if a property survey shows all or part of the plants (trunks)to be on her side? These plants are important
esthetically and also serve as soil stabilizers.
Obviously, since I'm writing, we do not have a good working
relationship. I am living out of state for another
few years and we have been corresponding via e-mail. She has been vague about her plans and no more direct with our property manager who is also a neighbor.
I wanted some advice before suggesting mediation and my visit to work this out.
Thank you.
1 Answer from Attorneys
Re: Boundary hedge
As you probably know, if the trunks are on her land, she calls the shots. There isn't much additional law on the subject. Boundary fence costs are shared if both neighbors enclose their lands; otherwise, the moving party pays. With a stiff bow to CC&Rs, zoning rules and the anti-spite-fence statute, the law permits a landowner to build fences on her land; fences exactly on the boundary require joint approval; and her fence on your land is a trespass.
Other than that, You're mostly left to negotiate disputes. You may want to invest in a survey. With GPS and other new instruments, the cost of a simple boundary determination in an urban setting isn't outrageous. It might answer a lot of questions.
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