Boundaries

[lennyco]

Hi
The house next to us is up for sale. We allowed the previous owners, who were very nice, to build a fence on to our property to give them more yard space. We want to take back our property before it sells. Can we take down the fence and reclaim our property?
We live in Scotts Valley, California 95067
Thank you for your help,
Lenny & Elaine

 

[justalayman]

from the minimal information you have provided, you would have the right to have the fence removed but rather than taking it upon yourself, ask the neighbor that is moving to remove it before he does anything else regarding the sale.

This will prevent the need for any legal action.

If he refuses, tell him that since you had given permission to use the land he fenced in, adverse possession is not possible and you wich to reclaim the land. Since he is not willing to remove the fence himself, you will be forced to file suit in the appropriate court to force the removal and along with that, you are going to file a lis pendens against the property (a notice that there is a legal claim against the property) and that will tend to stifle the sale of the property.

If he will still not move the fence, go to court.

it wouldn;t hurt to consult a local attorney concerning this. Notice from an attorney often shows you are serious. They would also be able to address this more specifically and with any local ordinances in mind as well.

 

[lennyco]

re boundaries

Hi,
Thanks for the info. The house is enpty. They already moved. I should have told you that. We talked to the realator and she said to move the fence before it sells. I wanted to check and make sure it is ok legally to do so.

 

[justalayman]

I would still contact the owners. Do not rely on the re agents suggestion. I would bet anything if the owners were upset and asked, the agent would deny everything.

removing the fence, if the owners have a problem with it, could cause you a lot of grief whether you have the rigth to move it or not. Courts often do not like self help situations. They like to feel needed.

 

[45Frank]

Never heard that one before, I like it and it seems to be true.

Courts often do not like self help situations. They like to feel needed.

 

[HomeGuru]

Hi,
Thanks for the info. The house is enpty. They already moved. I should have told you that. We talked to the realator and she said to move the fence before it sells. I wanted to check and make sure it is ok legally to do so.

**A: do it.

 

[justalayman]

if Homeguru says it's ok, I would take his advice and run with it. I was simply trying to avoid a possible legal hassle that may not be neccessary.

Granted, you would (read; should) win but the hassle would be, well...a hassle.

 

[Cedrus]

I would find the iron pipe property markers and place a wood stake right adjacent to them.

I would write a certified letter, return receipt req., to all parties, telling them you have revoked your prior permission to use the land and you are taking the fence down. Give them 3 business days to reply.