Legal Question in Real Estate Law in California
My Husband and I brought our home in 2009 earlier this year we discovered that our neighbor fence is encroaching 7 feet with a tree of our property - We had a surveyor come out and it is agreed they have encroached 7 feet. They retained a lawyer. We gave the lawyer all documents asked for - the initial letter for the attorney stated that the neighbors where willing to replace the fence and take back the encroached property as long as we took down the fence - without damage and returned fence to them - My husband and I where a little worried that if we took the fence down we would get hauled into to court for damages. We sent a letter stating that the neighbors had a window time 30 days to remove the fence or it be comes abandonment of property - the neighbors fired the attorney and then placed private property and no trespassing signs on the fence - the neighbors do not reside at the property they rent the property out. We have had harassment issues - intimidation issue with these owners and now trying to get a retaining order from the courts. Question is: What can we do with these new signs and can we remove the fence seeing that it is on our property? The owners stated they have owned the house for 34 years and she placed the fence where it was 34 years ago in the same spot - We are now the new owners with the correct survey report showing this encroachment.
2 Answers from Attorneys
Retain an attorney and sue to have the encroachment removed.
I agree. It's time to engage an attorney.
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