Legal Question in Real Estate Law in California

Re: property line/irregular fence line

Get a survey to locate the property line. Then you will know if the fence encroaches on his property or not.

Re: property line/irregular fence line

I agree that a survey is the starting point here. I suggest that you try to get the neighbor to agree to (1) choose a mutually-acceptable surveyor; (2) pay half the cost; and (3) abide by the results. With modern day instruments, surveys in urban areas not requiring explorer gear such as rappelling gear, ATVs and machetes are relatively inexpensive.

The chances of getting a property-line adjustment in your favor based on concepts of adverse possession are very slim. The reason is that property taxes are assessed, and hence paid, on legal descriptions and not eyewitness impressions of lot size. Hence, you are paying taxes on what your deed says, not what your fences say.

Further, the old "agreed boundary" theory that the property line must be where the fence is because his grand-dad and my grand-dad accepted that to be the line is no longer of any force or effect in urban areas. The court will say the boundary is where your deed says it is, not grand-dad.

Your neighbor is not entitled to self-help in removing the fance, even if it is on his property. If the fence is yours, that would be trespassing. You should, in that case, either remove it yourself or give him permission to remove it.

Remember, nothing is going to be resolved or capable of resolution here until there is a survey.