Legal Question in Real Estate Law in California

Simple Contract/Agreement between neighbors

I have had to obtain a boundry survey outlaying the property line of my residence. The survey has suggested that the fence and our neighbors property attached to the fence is encroaching on our property. The fence is in need of replacement. We have spoken to our neighbors and have been met with hostility which is why we had to have the survey completed.

To record this survey in our county records is excessive ($3500.00) in lieu of this we would like to draw up a simple written contract that our neighbors would review (and hopefully approve, & notorize that they accept the results of the survey. Thus allowing us to then start our home improvements. Any ideas on a simple format, form that I can use as a reference? I want to ensure I have incuded the right items in my contract.


Asked on 2/22/01, 10:56 am

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: Simple Contract/Agreement between neighbors

I would advise you to seek a competent local real estate attorney to help with this. If you do nothing, you are effectively giving your neighbor the property. Depending on how long the fence has been there and other factors, he may already own it under the law of adverse possession. A good attorney will be able to advise you how best to proceed and will probably save you money in the long run.

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Answered on 4/05/01, 4:00 pm


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