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Property Encroachment Issue

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Maddock

Junior Member
What is the name of your state (only U.S. law)? California.

I bought a house almost a year ago and since discovered that the renting neighbors built a chicken coop well within the property line (6 months before I bought per the other neighbors).
Furthermore they have a cesspool which is over the line (no idea how long that's been there). I've been in contact with the county permit department who are pressing a warrant to access as the landlord is non-responsive and the cesspool is within a creek basin.
The question is: Can I just build a fence on/within the line and shut them off from their chicken coop and cesspool? I was thinking I would send a certified letter giving them 30 days at which point I will build the fence and take possession of the chicken coop.
 


FarmerJ

Senior Member
( what do you have that proves those things to be over the property line ? a survey? ) NUMBER2 is there a recorded easement that lets that neighbor use part of your land for the cesspool/ septic system If the chicken coop is 100% on your property send to both the landlord and tenant a certified letter giving them X amount of time to get it moved or you will tear it down and sue them for the expense of having the debris hauled away. AS far as the cesspool tank goes if its been there for a very long long time ( most likely if it really is a cesspool since most places quit allowing them long ago and instead required drain fields or in some areas Mound style) if you have a survey ( proof ) that shows the cesspool is over the line you might not be able to force the other property owner to install a new system right now and dc the old but you can take the time to learn ALL you can about when your county requires a system to be replaced because it is just a matter of time with old style cesspools before things like the concrete /cement etc begins to degrade ( if you have kids do what you can to keep them off the area where the top of the tank is in case it caves in ) sooner or later it will either cave in or clog up so bad that it wont work any more and when that happens you want to know ALL your counties options for that neighbor and that includes the possibility that they may have to install a holding tank and hire a honey sucker to come regularly. (if there is no easement ) You may want to have a attorney send the owner of that home a letter pointing out that that homes septic system is on your land and you give them consent to continue to use it until the county requires it to be replaced ( talk to atty about that) then your just gonna have to stay on it checking that site your self often and if you find it to be leaking / flooding etc then call your county zoning desk/inspector in and if they are going to condemn it since you will be fully aware of your counties ords related to replacement of old systems you can politely remind the inspector that repair orders wont meet the law.
 

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