Legal Question in Real Estate Law in California

Re: Crooked Fence in the backyard

I assume you mention 4 years and 10 months because you are concerned about the possibility of adverse possession and/or a prescriptive easement. These are valid concerns, and while you would probably have solid defenses against either or both claims, it is better not to take a chance.

However, I also caution you NOT to resort to self-help by tearing down the wall yourself. There is substantial case law in California which holds that tearing down a wall that was built by and encloses land in dispute is not lawful and exposes the person resorting to such self-help to a claim for damages, even if the wall is trespassing. See for example Daluiso v. Boone, decided by the California Supreme Court in 1969 and reported at 71 Cal.2d 484.

Another case underscoring the lack of a right to self-help for an encroaching fence is Allen v. McMillon, decided in 1979 by the Court of Appeal and reported at 82 Cal.App.3d 211. You can look up both cases at a public law library; there's one in every county. You might even find them on line, especially Daluiso, since it's a Cal. Supreme Court decision.

My advice is to consult a local real estate attorney promptly, and commence an appropriate legal action in Superior Court before the five years runs. Potentially viable causes of action you should discuss with the attorney would include trespass, ejectment, quiet title and perhaps private nuisance. Upon winning, the Court will order the neighbor to remove the wall at her expense, and give you other appropriate relief.