Legal Question in Real Estate Law in California
Property line fence
My neighbour demolished the side yard 6' wooden fence between our properties and built a rod iron fence from the ground instead, eliminating all the privacy I used to have from the wooden fence. He claims he has the right to a view which was blocked by the fence. There are no local ordinances for fences or views. I am paying for a survey to find out where exactely is the fence. What are my options? If i sue, can I get all expences back (survey, trial)?
1 Answer from Attorneys
Re: Property line fence
If the old fence was on your property, the neighbor trespassed when he removed it.
If the new fence is on your property, the neighbor trespasses by installing it and allowing it to remain (a "continuing trespass").
If you sue for trespass and win, you will likely be awarded your "costs of suit" (court fees) but not attorneys' fees unless your land is under cultivation or used for the raising of livestock, see Code of Civil Procedure section 1021.9. It is unlikely you will recover the cost of the survey in your suit.
Finally, the Civil Code section 841 says adjoining property owners are to share the cost of building and maintaining the boundary fence between them IF both of these neighbors choose to enclose their land -- but while either of them chooses to leave his land unenclosed, he is not obliged to participate in the boundary fence. This provision -- section 841 -- might apply to your situation in some way or other.
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