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  1. #1
    rjns is offline Junior Member
    Join Date
    Jun 2007
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    Neighbor's wall on my property - CA

    What is the name of your state? California

    I'm doing an addition to my home. Survey shows my neighbor's block wall and portion of a concrete fountain attached to the wall is completely on my side of the property line. Neighbor told me a few years ago that the wall was built by their parents probably 20 or more years ago.

    1) Can I tear down the wall and any portion of the fountain that's on my side down withouth the neighbor's consent?

    OR

    2) Do I give them written notice of the encroachment and notice to remove the wall/fountain? How much time do I have to give them to comply once notified? If they don't respond/comply, do I have to take them to court to get the wall removed?What is the name of your state?
  2. #2
    Ozark_Sophist is offline Senior Member
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    Missouri Ozarks
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    The wall is on the property line acting as a fence?
  3. #3
    rjns is offline Junior Member
    Join Date
    Jun 2007
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    The wall was assumed to be just on their side of the property line and fully belong to them (not a shared responsibility). The line was assumed to be directly in between our homes with a 3 foot setback on each side. I found out the line is actually 4 feet from my house and 2 feet from theirs, so the wall has actually been on my property all this time. Since this was not known to either of us, the neighbor has not been paying property taxes or anything towards my property.

    I have been trying to get them to dismantle the wall for several years because it doesn't have a footing and has been leaning towards my side, making it unsafe. The back 12 feet fell in the Northridge quake in 1994. I hope this fact will help my case, then again, I hope I don't have to take them to court.

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