My question involves real estate located in the State of: CA
Last year I purchased a property which was built in 2000. The perimeter fence has been installed since 2000. Earlier this year, my neighbor next door approached me and showed me a recorded survey map. It was for the property directly behind his, and it references my property line on the map. Tape measurement shows the current side fence is 15" into my neighbor's property. He demands that the fence be removed on my expense. I have 3 questions.
1. I did not put up the fence which was done by the builder in 2000. My neighbor did not oppose and has allowed it to stand for 10+ years while benefiting from it as well. My neighbor said since I didn't perform a survey when I purchased my house, I have inherited the problem and is now responsible to remove the fence on my expense. Am I legally required to pay 100% for the fence removal ?
2. There is a substantial amount of improvements made by the builder on the fence and within the encroached area. It is a very big expense to relocate/replace them. Again, am I required to pay 100% of the removal? What about the cost to relocate/replace after the removal?
3. For the replacement fence, may I request the cost to be shared if its a shared fence to be sitting on the "agreed upon" property line?
Thank you.
Last year I purchased a property which was built in 2000. The perimeter fence has been installed since 2000. Earlier this year, my neighbor next door approached me and showed me a recorded survey map. It was for the property directly behind his, and it references my property line on the map. Tape measurement shows the current side fence is 15" into my neighbor's property. He demands that the fence be removed on my expense. I have 3 questions.
1. I did not put up the fence which was done by the builder in 2000. My neighbor did not oppose and has allowed it to stand for 10+ years while benefiting from it as well. My neighbor said since I didn't perform a survey when I purchased my house, I have inherited the problem and is now responsible to remove the fence on my expense. Am I legally required to pay 100% for the fence removal ?
2. There is a substantial amount of improvements made by the builder on the fence and within the encroached area. It is a very big expense to relocate/replace them. Again, am I required to pay 100% of the removal? What about the cost to relocate/replace after the removal?
3. For the replacement fence, may I request the cost to be shared if its a shared fence to be sitting on the "agreed upon" property line?
Thank you.
Fences and Walls: Fence Encroachment: Who Pays
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