Legal Question in Real Estate Law in California

Does the fence belong to neighbor ?
A brick common fence fell during the 1994 earthquake. Next door neighbor build a 6-foot wood fence but not on the property line. She builds it about 3-4 inches away from the property line giving me extra space. A year later a new buyer took over the house. This neighbor knows that I have been openly using neighbor�s property for over 10 years, but I am not paying taxes on it.

Can I claim these few inches as my property? Would I be civil liable if I nail plywood on my side of this wood fence, even if this fence is consider to be in neighbor�s property? We had a civil litigation a few years ago for something neighbor did. I can�t speak to neighbor but I like to add plywood for privacy.

Would I be civil liable if I do this?

Asked on 7/16/08, 3:19 pm

Mitchell Roth MW Roth, Professional Law Corporation

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Re: Does the fence belong to neighbor ?

Your use of the property is permissive. You don't own it. The fence is your neighbor's and entirely on their property.

Answered on 7/19/08, 3:17 pm

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