Fence/Property Line

[Ryan-2002]

I live in Northern California
Purchased a new home from the builder/developer 5 years ago. The city surveys the lot before approving for sale.

The builder has now built a new home behind my lot and is claiming that they need to move the fence one foot into my current property since the fence was not straight.

I have a pool, trees and landscape that would be impacted. I had asked the builder before buying the home to identify all the property lines clearly, which they did and said that the city would not approve a lot unless they were satisfied with the property lines.

I will be measuring my lot to verify the builders claim.

What are my legal options.

 

[I AM ALWAYS LIABLE]

I live in Northern California
Purchased a new home from the builder/developer 5 years ago. The city surveys the lot before approving for sale.

The builder has now built a new home behind my lot and is claiming that they need to move the fence one foot into my current property since the fence was not straight.

I have a pool, trees and landscape that would be impacted. I had asked the builder before buying the home to identify all the property lines clearly, which they did and said that the city would not approve a lot unless they were satisfied with the property lines.

I will be measuring my lot to verify the builders claim.

What are my legal options.

My response:

As long as your boundaries match the survey, and the builder doesn't have something that would give him some further rights; e.g., something in the deed, then your option is to say, "No."

Or, notwithstanding some error in the survey, or some other rights that the builder maintained in your deed, then your other option would be to say, "Yes, you can have the one foot you need. It'll cost you $30,000.00. Will that be cash, check or money order?"

IAAL