Legal Question in Real Estate Law in California

Fence/boundary question

My neighbor removed a 3 feet wide hedge between our two properties without our permission and replaced it with a tall fence that I do not like. How can I determine who owned the hedge (we thought it was ours)? As far as I am aware the fence stands on the border of the properties as did the hedge. What recourse do we have for loss of the hedge?


Asked on 8/12/07, 8:31 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Fence/boundary question

I can't answer without knowing more.

Who built the hedge? Is it in either deed? Go to your local Hall of Records and check deed.

If not in deed, try to determine who built it, and is it exactly on both properties.

Law is: if it is on your land, it is yours; if on neighbor's land, it is neighbor's. If not, you share it.

Only recourse, if it is yours, or you share, file action in Small Claims Court, and let judge decide damages.

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Answered on 8/13/07, 8:16 am


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