Legal Question in Real Estate Law in California

property line dispute with new neighbor

Our new neighbor (of less than a year) is trying to build a fence between our properties. We told him we don't want a fence, so he'll have to build it entirely on his property. Now there is a dispute over the property line. There is an existing fence part way and a cross on the sidewalk to mark the line. We also had a survey done, but he still refuses to acknowledge the line. It is only a few inches, but if we give that up, we won't be able to get in our camper, which we built a driveway for in that same area several years ago. What can we do if he builds the fence anyway?


Asked on 3/21/00, 7:39 pm

1 Answer from Attorneys
Christopher Enge Law Offices of Christopher J. Enge

Re: property line dispute with new neighbor

I am assuming you are in California. If he builds the fence anyway, you will have to go to court to get an order establishing the property line and ordering him to remove the fence. You should also be aware that if he builds the fence on your side and you do nothing, after a certain period of time he may be able to claim ownership of the property through adverse possession. If your house is part of a common development, you will also need to look at the CC&Rs to see if there is a provision governing the construction of fences. If you are in Northern California, let me know if you would like me to help. If you are elsewhere, let me know and I will see if I can get you a referral.

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Answered on 3/27/00, 3:35 pm


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