Legal Question in Real Estate Law in California

Can Encroacher be Forced to Survey?

Neighbor surveys 2005, returning property to us. 2 weeks ago discover she set corner fencepost in cement @ least 8'' our side. She ran plumbline between that encroaching post, and her new fence between houses (B). (B) was erected keeping her footings on her side of the survey. She got City cite us for failure to maintain our wood fence which lightly touches her encroaching plumbline - IOW she made it look like we were encroaching by encroaching! She�s attempting to get the City to have us tear out our fence so she can build on our land without suing us herself. Same time learned her survey was never recorded and her surveyor, though licensed at the time, has lost his license for not filing; no action can be taken against him. Competent surveyor says this will run over $1800 (hilltop, no records from 80's to present). Surveyor also suggested our local building & safety agency (which handles zoning) should require her to prove boundary if we complain she's building on our land, IOW pay for the survey and honor it. Permits are not required for the fence. B&S says while boundary is a civil matter between us they can still tell us to repair or tear the fence leaving us vulnerable to the theft.


Asked on 8/12/08, 8:45 pm

1 Answer from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Can Encroacher be Forced to Survey?

I tell people to be careful with boundary lines. As a general rule, fences are better off on the property line than over somewhat, to avoid confusion. I have seen small matters like this go through a year of litigation and all the way to trial, which can of course be very expensive. since i am familiar with this area of law and have litigated it, let me know if you need a consultation.

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Answered on 8/12/08, 11:59 pm


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