Legal Question in Real Estate Law in California
property line
my neighbor just built a fence on the surveyed property line with one inch to spare she says. I painted a small pumpkin and hung a scarecrow on 'my' side but she called the police who may cite me for vandalism. What can I legally do with my side of this fence?
3 Answers from Attorneys
Re: property line
Your neighbor may be scary, but don't be spooked.
Re: property line
I guess its Halloween time! If the fence is entirely on her property, then it is generally considered to be hers entirely. If the fence straddled the property line, it could arguably be a party-wall, but I can assume from your post that she paid for it which tends to run in her favor (the claim that its hers and not a party wall). I doubt the police would elect to get involved, but they could. Being conservative, I would suggest you undo what you have done and apologize. If the fence truly is on her property alone, you have technically defaced her property.
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Re: property line
The law in California on boundary fences is old, inappropriate for modern times, and vague on many relevant issues such as yours. I agree with Mr. Gibbs in general, but I'd also add that I hope (and expect)the police and D.A. in 91942 have better things to do than bring charges for this!