Legal Question in Real Estate Law in California
Fence Encroaching
There's been a 3+ year long battle with my neighbor over the property line. I got a survey. She began building a new fence along that line that far exceeds thelegal height requirements for the front of the property, and encroaches several inches onto my property. The co. has opened a case on the height problem. They gave her until 2/5 to reduce it. The recheck is 2/10. A handyman came out to give me a bid on setting my fence posts and alerted me to the fact that she is encroaching so he couldn�t set the posts straight. I mailed her a certified letter giving her 10 days to remove the fence. She was out front of my house today saying, yes it is a few inches over, so what, but doesn't think she should have to move it. Which forms do I need to get a restraining order to stop the building and remove the fence? Small Claims will address the monetary aspect of the trespass, but they don't do the restraining or removal orders. Or, what code section can I look at to find out what my rights are in regards to this fence? An attorney told me several years ago when I was ready to build my fence, I should get a survey done and just remove the part of her fence that is encroaching. Is this true or would it cause worse trouble?
2 Answers from Attorneys
Re: Fence Encroaching
First, and let me be blunt as I always am, get some common sense. If it is only a few inches, unless this case is reasonably necessary what is the big deal. What papers you need??? You need to go see an attorney, specialized in real estate not to tell you what to do in terms of protecting your "rights" but what to do in real life. I think it is more a problem with her I obsanance. She just doesn't want to do what you require her to do. Now if the couple of inches is really important that of course. Now you really think you can do it yourself. I won't ask what is your highest educational level but you are talking about dealing with the Superior Court of the state of California. For the most part it is not painting by numbers. Therefore, my advice is see a real attorney, pay for good, rational, common sense advice or forget it as it isn't worth it.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Re: Fence Encroaching
Self help is likely not the right way to go. Get agreement from neighbor or court's blessing through action for encroachment, etc. If she has fence on property for five years and more and it is open and notorious, ie without objection from you she can gain prescriptive easement. Must take action
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