Legal Question in Real Estate Law in California

I am installing a fence on the property boundary. A neighbor is refusing to move a mobile home that is parked on a portion of my property. My question is what is the proper & legal way to pursue having the the neighbor remove the mobile home?


Asked on 9/10/09, 1:48 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Send the neighbor a "cease and desist" letter by certified, return receipt mail. Keep a copy. In the letter, give her a reasonable date by which to move it. If the neighbor does not do so, you can file a lawsuit for trespass and seek monetary damages, as well. When you go to court, you should bring a surveyor's report that shows where your property line (and perhaps a Google Earth view) so that the court can see that the mobile home is parked on your property.

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Answered on 9/10/09, 3:37 pm
Thomas W. Newton Tims & Newton

Along with Mr. Cohen's sound advice, you'll need to look at how long the neighbor has parked the mobile home on a portion for your property, as well as other circumstances. There may be a claim of prescriptive easement that you'll have to deal with as well as the trespass.

Also, you'll want to be very careful about establishing the fence line. A fence directly on or abutting the property line is called a "division" or "partition" fence, and will usually require your neighbor's consent.

Let me know if you need further information.

Best of luck,

Tom Newton

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Answered on 9/11/09, 2:36 pm


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