Legal Question in Real Estate Law in California

Re: Neighbor lowered and moved the boundary fence without consent

The short answer is that you don't need to settle for this.

The longer answer is that it depends upon how far you want to push it.

The facts are slightly unclear here, because if there is an HOA involved, then presumably, the neighbor obtained the HOA's approval before doing anything. Yes? (Typically, the HOA's Architectural Committee, or someting similar, will approve plans before anything like this is begun, much less completed).

If the HOA approved the change, then you need to see what terms upon which the approval was granted. You may need to get your HOA involved. (And it's certainly better to have the HOA on your side than against you . . . .)

HOA issues aside, the neighbor was not within his/her rights to simply remove a joint wall, if in fact it were a joint wall. If the wall were a joint wall, then each of you had the right to keep it there as well as the obligation to maintain it. You would likely have a claim/cause of action against your neighbor for damages and/or to force him/her to put back the original fence.

There are a host of issues raised by these facts, and you should seek out the advice of a competent real property litigator familiar with boundary issues. If/When you are ready to proceed, feel free to call or email, and we will be happy to provide a consult at no charge.

Good luck.

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Re: Neighbor lowered and moved the boundary fence without consent

Before acting, get the approval of the HOA to restore the fence. You may have a damages cause of action if the neighbor acted in violation of the HOA rules and municipal code. You may want to get a survey to be sure where the boundary line is. Thanks, www.natebernsteinlaw.com.

Re: Neighbor lowered and moved the boundary fence without consent

they should pay.

JOEL SELIK

Attorney at Law www.SelikLaw.com

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760.479.1515

702.243.1930

Licensed to Practice Law in California and Nevada

B.A. Industrial Psychology, B.S. Human Communications

CA Real Estate Broker, CA Superior Court Judge Pro Tem, Mediator/Arbitrator

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