Legal Question in Real Estate Law in California
property lines
we recently had our property surveyed and our neighbors fence is two foot over on our side they pulled up the survey markers and refuse to move the fence off our property now surver company wants 1,200.00 to put markers back/ what do i do
2 Answers from Attorneys
Re: property lines
Removal of survey markers is a misdemeanor in California, and has been since 1872.
You can have a new survey done, but that will cost you 1200 and there is no guarantee that they will not remove the survey markers.
A big question that I have is how long has this fence been established on your side of the property line. This is known as an encroachment. You may need to consult with an attorney, to explore options such as letter writing, or even a lawsuit to quiet title.
Very truly yours,
Re: property lines
Penal Code section 605 makes it a misdemeanor to maliciously remove any monument marking the boundary of a lot or tract of land. A misdemeanor is in general punishable by up to six months in the county jail and/or a $1,000 fine. T believe a judge would also order restitution, i.e., the neighbor would have to pay for your re-survey.
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