Fence Encroachment Into Neighbor's Lot

[visaliaoak]

What is the name of your state? California

We bought a home in California in August 2000. The home was built as a spec home. As part of the deal, the builder agreed to fence in the back yard prior to closing. The adjacent lot was empty at the time.

This April (4 years, 8 months later) we were contacted by a contractor who is building a home on the adjacent lot, and he told us that the fence starts at the correct spot at the rear of the lot but by the time it reaches our house the fence encroaches 6 feet into our neighbor's lot. The way the new house is designed, with a side entry garage, the contractor tells us that the family needs to have the space back.

At the time the fence was installed, we thought that it may have been crooked, but our builder came out and assured us that it was installed in the proper place. Believing that the fence was in the correct spot, we installed sprinkler pipes, sprinkler valve boxes, and an underground drain pipe that run alongside the fence. We also planted bushes along the fence line. Following the line of the fence into the unfenced front yard, we planted some 30 rose bushes that are also on the neighbor's property.

We are not looking to take this land from our neighbors, but we do not believe that we should be financially responsible in any way. So, my first question is: who is legally responsible in this case? Is it our builder, the fence contractor he hired to install the fence, us, or none of the above?

If legal action is required, is it our neighbor's responsibility to initiate proceedings? And if so, do they sue us or our builder?

Our neighbors are supposed to be wrapping up construction and moving into their house in 6 months. Is there any way that this issue could be resolved in the courts in that amount of time, or is some sort of settlement between the different parties the only way to resolve this effectively?

What advice do you have for us? And if you were to give advice to our neighbors, what would it be? We plan to live in this house for at least 30 more years, and we would like to get along with our neighbors, so we would appreciate any advice that would lead to a resolution that all sides can live with.

Thanks in advance.

 

[Shel77]

One way or the other your fence and everything else you spoke of will have to be moved off of their property. I am assuming they want that done, like yesterday. If it were me I would call the builder and inform him of the issue see what they say and then pay a company ( maybe the orgional company)to come out and do the work (If the builder refuses of course) then you can begin the process of sueing and not hender your neighbors. As far as who they would sue, it would be you you own the property and the fence that is encroching on their property. You need to make sure your survey is right this time so this doesn't happen again, Good luck. Oh as far as the issue being resolved in 6 monthes (sueing the builder or fence company) it depends on how backed up the courts are in your area.

 

[ralph31]

There have been some posts that adverse possession in California has a time requirement of only five years.

Can someone from California enlighten this thread on how that time frame might apply in this situation?

 

[Shel77]

Just because the builder and or Fence Company screwed up the survey and therefore placed the fence in the neighbors lot, does not constitute adverse possession. She needs to move the fence or the neighbor will remove it for her along with anything else on THEIR property and send her the bill. Either way the fence gets moved or removed and she has to fight the builder or fence company for payment.

What is it with people and this adverse possession, why do they think everytime they put something on someone elses land it means adverse possession, and it now just belongs to them!

 

[HomeGuru]

There have been some posts that adverse possession in California has a time requirement of only five years.

Can someone from California enlighten this thread on how that time frame might apply in this situation?

**A: you have no AP case whatsoever. You neeed to sue the builder.

 

[visaliaoak]

Guru - Are you saying that I need to sue the builder? (And then the builder can sue the fence contractor?) Do the neighbors need to get this started, or is it up to me to start the proceedings?
Thanks.

 

[divgradcurl]

As the other posters have noted, ask the builder to move the fence and put everything right. If they refuse, you pay to have the fence moved, and then sue the builder to recover your costs. Your neighbor, if they sue anyone, is going to sue you -- so you are the one that needs to start getting stuff done.

 

[nanomug]

Just because the adjacent properties builder says the fence is wrong doesn't mean that it is. Have you had a survey done to verify what you have been told? If the fence is incorrectly placed, you should contact your builder.