Legal Question in Real Estate Law in California

property line issue

I am buying a property that butts up to my cabin property.There is a neighbor who put up a chain link fence about 2-3 years ago that encroaches 3 feet onto the new property.I can get a survey with the correct property line.If I buy it with the disclosure of the encroachment can I have the fence moved at my cost? Can I just do it? what can my part time neighbor do if he comes up and the fence is moved? Please help. Thank you.


Asked on 10/12/04, 6:05 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: property line issue

Removing the fence without talking to the neighbor is almost a guarantee of future problems with the neighbor. The better approach is to talk to the neighbor about moving the fence. If that is not successful consider having an attorney write a letter to the neighbor. Then as a last resort take a more drastic approach.

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Answered on 10/14/04, 11:16 pm


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