What is the name of your state? CA
I bought a house in 2001 April and my neighbor bought theirs in 2000 Oct. We shared a fence line in between. It was there before we bought our houses, and didn't bother us that it wasn't straight. It was jagged and none of us hired suveyors at closing of the transactions.
Recently, my neighbor wants to remodel their house, and would like to extend the structure a little and figured that the fence is crooked and should be straight.
They hired a surveyor and the survey was done which shows that the fence is actually 2-3 feet off onto their property. The lenght is around 125'. That is I am encroaching their property.
Now, they would like me to tear down the fence and build a new one with proper landscaping on their side with me paying in full. I have browsed thru previous threads and learned that if the fence is mine, they have the rights to sue me and have it taken down and billed me the total cost.
Personally, I do not mind if they move the fence to the true property line. But I don't want to pay for something that I am not responsible for.
I would like to know
1. How do we determine the ownership of the fence.
2. Am I financially responsible for tearing the fence down and building a new one.
3. Should I hire my own surveyor to double check the result.
4. By when should I need to hire an attonery if things go south. (after receiving a certified letter that I need to take it down and move it or else?)
Thanks in advance for any advice that you can give.
I bought a house in 2001 April and my neighbor bought theirs in 2000 Oct. We shared a fence line in between. It was there before we bought our houses, and didn't bother us that it wasn't straight. It was jagged and none of us hired suveyors at closing of the transactions.
Recently, my neighbor wants to remodel their house, and would like to extend the structure a little and figured that the fence is crooked and should be straight.
They hired a surveyor and the survey was done which shows that the fence is actually 2-3 feet off onto their property. The lenght is around 125'. That is I am encroaching their property.
Now, they would like me to tear down the fence and build a new one with proper landscaping on their side with me paying in full. I have browsed thru previous threads and learned that if the fence is mine, they have the rights to sue me and have it taken down and billed me the total cost.
Personally, I do not mind if they move the fence to the true property line. But I don't want to pay for something that I am not responsible for.
I would like to know
1. How do we determine the ownership of the fence.
2. Am I financially responsible for tearing the fence down and building a new one.
3. Should I hire my own surveyor to double check the result.
4. By when should I need to hire an attonery if things go south. (after receiving a certified letter that I need to take it down and move it or else?)
Thanks in advance for any advice that you can give.