Legal Question in Real Estate Law in California

Encroachment is encroachment. If you both are happy with where the fence is, the simplest thing to do is for the other owner to grant an easement for the encroaching fence and record that with the county recorder. That will and formalize your right and the rights of all future owners of your parcel to keep the fence where it is. The other alternative is to move it. There are a few other options, such as a formal lot line adjustment, but they would be far more trouble than they would be worth, compared to the two options I have mentioned.

I agree with Mr. McCormick. "De minimis" might be a valid concept to apply to kiss off the discrepancies between the fence location and the true lot line if these were 1000-acre ranches, but I assume we're talking urban lots, and six inches plus-or-minus is plenty sufficient to result in a lawsuit if and when the neighbors get grouchy, or someone needs a permit for his new garage, or whatever. I think a recorded easement drafted by an attorney with real property and easement experience is a sound solution, but moving the fence also makes some sense if (a) it is easily moved, and (b) you have a survey or can get one at reasonable relative cost.