Legal Question in Real Estate Law in California
property lines
We purchased some property from this gentleman, he also ownes property next to the one we purchased. In trying to fence off our property, we attached to his current fences, unbeknown to us, they were past the property surveys. We received a complaint from our county that we were blocking public access with these fences. We are in the process of moving the fences, but were told by this gentleman that those are his and we could not touch them. The fence that is in question is on the property line. Who has the right to own the fence?
1 Answer from Attorneys
Re: property lines
Have you explained the County's complaint to the gent that sold you the property? If you are removing fences you installed because of a County complaint, it is hard for me to imagine that any reasonable person, neighbor or otherwise, could successfully object. If, on the other hand, the seller originally erected the fence(s) of which the County complains, it is the seller's burden to comply with the County order.
I think the way out of this problem is by negotiation, including the county if necessary. There seems to be a misunderstanding rather than a dispute requiring litigation and lawyers.
There are a couple of state laws respecting the installation and maintenance of boundary fences, but I don't think they are applicable here. See e.g. Civil Code section 841(2).
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