Legal Question in Real Estate Law in California
lot line
The owner of the newly constructed
SFD next door to my duplex may
have built a fence 6-10 inches over
the line on my side. This is according
to a surveyor's report from a
potential buyer of my property. I do
not own that survey as I have not
paid for it. So, this is word of mouth
info so far. What should I do about
this? Is there a way to view the
original survey of the property line so
that I have something to compare it
to? Do I contact the owner even if I
don't have a report in my hand? The
potential buyer backed out of the
escrow because of the report. He
didn't want to deal with it.
Thank you for any help offered.
2 Answers from Attorneys
Re: lot line
If the buyer is backing out of escrow, claiming that the survey and the encroachment are the basis for their cancellation, then you are entitled to see a copy of the survey. Demand it from the realtor representing the Buyer. Alternatively, you need your own survey if you cannot get the buyers before you do anything. Until you see a legitimate survey indicating that there is a problem, there is no rational basis for you to jump on your neighbor. Once you are able to verify that there is in fact an encroachment, then you can contact your neighbor and request that the fence be moved to within his property line.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Re: lot line
Contact the owner of the SFD and let him know that his fence is encroaching. Ask him if he had a survey done before he put up the fence. If he says yes, then ask to see it and contact the surveyor. If you are satisfied that it does not encroach, fine. If you think it does, then hire a surveyor. It's not that expensive. You may have to sue, maybe not.
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