Real. personal or shared property- boundary

What is the name of your state? California

Hello

I am in the midst of a boundary problem. According to my map and measurements (using the county marker as reference) a retaining wall built by the previous owner of my property falls entirely within my property. The property line falls on the outside of the wall (the neighbor's side).

There is a fence atop the block wall, "supposedly" placed there by the previous neighbors. The current neighbor and myself moved in after the wall and fence was built. We do not know definitely who added the fence, all knowledge is based on a third neighbor's say-so.

The people next door think the entire structure is "shared property" based on hearsay. They have damaged 3 sections of the fence- knocking them into our property and damaging our personal property (irrigation, pottery, a chicken run and waterer, etc).

They have stated intentions of placing a new fence atop the wall. They will need a permit which they do not have, even if allowed by us to replace it. I told them "no," put it on their own property and do not touch the current fence.

Since the retaining wall is real property, does the fence become real property also, since posts are concreted in? If, by chance the structure is between properties or partly on theirs, is it "shared" and if so, can they do as they please without consulting us first?

What is "shared" property. I can find no legal definition.

Also, since the map/measurements meet up with the county marker, should I still get a surveyor?

Sorry so lengthy. Thank you!

[lwpat]

The only way to know for sure is to have a surveyor determine the exact property line. If it is entirely on your property have an attorney send them a notice that you will expect them to be responsible for any damage.

It does not matter who constructed the fence or the wall unless there is a written agreement. All that matters is the property line. Once you have that information you can contact a local attorney for assistance.