Legal Question in Real Estate Law in California
Property line/wall dispute
My home has a back wall that separates my property from neighbors. This wall has been in place for over 40 years, well before I moved in in 1979. When I moved in the wall had an attached trellis that remained there for over 20 years when I removed it due to termite damage. At that time I planned on replacing it and my neighbors became livid. They told me for the first time that the wall had been built 8 inches into their property, making it theirs and I could not put anything on it or within the 8 inches (not plants - anything!) They also said they had a right to come around my side and stand in that back few inches whenever they wanted. Is this true? If a survey shows that the wall is indeed on their side must I allow them access after all this time and keep everything some random number of inches away?
2 Answers from Attorneys
Re: Property line/wall dispute
Not likely, because that would mean that your neighbors have unfettered access to your property at their whim. If anything, your neighbors could sue you to force you to remove the fence; or perhaps they might just remove it themselves.
Your neighbors sound like crazy neighbors. 8 inches is hardly something to start a war over. The law will not permit them to take your property, or you theirs, except in very limited situations (none of which appear present here).
If the fence ever needs to be rebuilt, have a survey done and build it on the joint property line.
Re: Property line/wall dispute
If your removal of the trellis was recent, your neighbor may have a bit of a gripe, but this is unreasonable.
No court will permit the interference with your property over eight inches.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
