Legal Question in Real Estate Law in California

I have demolish a home that I have lived in for 40= years to build my dream house. One year ago after the required official survey it was discovered that my neighbor's property was encroaching onto my property by 1 1/2 feet. I advised my neighbor of this and we signed an agreement where he agreed to allow me to move his chain link fence off my property line giving me back the 1 1/2 feet of land which I am legally entitled to. I agreed to replace his fence and any damaged plants at my expense. We signed an agreement and had it notarized ( we are in Los Angeles ). I am now under construction and he wants to go back on our agreement, even though it was signed AND there is no question that his property is encroaching. I have written him a letter and my attorney has done the same. He is being totally uncooperative. Can I simply remove his fence and put my new fence exactly on my property line OR do I have to sue him and get a court order. I am trying to avoid the costs involved in a lawsuit.


Asked on 8/19/13, 7:29 pm

3 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You can remove his fence, but these things tend to escalate into violence. You really should get a competent real estate attorney who has handled encroachments and file suit. That way an order can be issued and the police will have something to enforce.

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Answered on 8/19/13, 8:57 pm

You should ask your current attorney. If you are not happy with your current attorney you should get a new one.

www.gertzandlaurie.com

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Answered on 8/20/13, 11:27 pm
Terry A. Nelson Nelson & Lawless

Why aren't you asking your attorney?? He is the only one that actually knows the facts and issues in your claim. If you are not satisfied with current counsel's answers or progress, you could hire new counsel to take any legal action needed, or at least to have a consultation for his opinion after review of the case. If serious about doing so, feel free to contact me. I�ll be happy to help get the best outcome possible.

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Answered on 8/21/13, 3:06 pm


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