Legal Question in Real Estate Law in California
Neighbor took 4 feet of my property and made a garden
my neighbor has made a garden 4 feet on my property. there was a picket fence with a mow strip before the fence blew down and he took the opportunity to steal my property, when i was working out of town. it is obvious the property line is 4 feet over because the prexisting fence that has always been along side my garage is cut off for his lil flower garden so my property line is now curved. not to mention his garden has sprinklers that sprays my new truck everytime i park in my own driveway. what do i do go to the county to get the property line markers, and then talk to him or what. thank you
3 Answers from Attorneys
Re: Neighbor took 4 feet of my property and made a garden
The county probably won't get involved. This is a private dispute, and involves trespass.
My suggestion is first to do careful research of the facts, including your deed, public-record parcel maps, available boundary monuments, and the like. The purpose is to be as clear and as knowledgeable about the facts as possible before engaging the neghbor in any debate.
When you have a fistful of current data including surveys, parcel maps, info on where the corner markers are, and anythig else that documents the encroachment, ask the neighbor to sit down with you to discuss (and negotiate) your issues.
If a reasoned discussion does not produce a settlement, I would recommend getting a survey,then if the survey corroborates your point of view, threaten a lawsuit for trespess.
Re: Neighbor took 4 feet of my property and made a garden
I've fought many similar cases and won. If you need an excellent attorney, I would be happy to advise.
Re: Neighbor took 4 feet of my property and made a garden
Visit the county and find out where the property lines are. Show your neighbor this information and see if he understands that he is encroaching on your property. If he doesn't, then get a survey done and sue him. Please note that you must provide the court with solid evidence that shows the property line in relation to you neighbor's garden.
Good Luck
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