What is the name of your state? California
My neighbor has erected 9-foot posts with the intention of building a fence between our houses right up to the sidewalk. No other homes on this block have such high fences in the front part of the property. The posts were put up without asking our permission. He claims he will cut the fence down to 6-feet (the legal limit), but we don't want a high fence there at all. (Although we would be willing to have a 3-foot garden-style fence, and have told them that would be acceptable.) We sent the neighbor a certified letter asking him to remove the posts and footings which straddle the property line. His response is that the fence is on the property line and is therefore OK. In fact, the 4-by-4's are half on his side, half on mine. This is the latest in a series of unfriendly acts by this unneighborly neighbor, so I don't see much point in negotiaiting any further. A survey would no doubt show the fence to be on both of our properties--neither of us is disputing that. The 30-day period we asked for in the letter to remove the fence has now elapsed. Meanwhile, these unsightly 9-foot structures have been up for over ten months now, with no evidence of progress to complte the "fence."
My questions are, what recourse do I have? Can I remove the posts? Cut them down to a reasonable height? Hack off the halves on my property? Your wise suggestions are appreciated!
My neighbor has erected 9-foot posts with the intention of building a fence between our houses right up to the sidewalk. No other homes on this block have such high fences in the front part of the property. The posts were put up without asking our permission. He claims he will cut the fence down to 6-feet (the legal limit), but we don't want a high fence there at all. (Although we would be willing to have a 3-foot garden-style fence, and have told them that would be acceptable.) We sent the neighbor a certified letter asking him to remove the posts and footings which straddle the property line. His response is that the fence is on the property line and is therefore OK. In fact, the 4-by-4's are half on his side, half on mine. This is the latest in a series of unfriendly acts by this unneighborly neighbor, so I don't see much point in negotiaiting any further. A survey would no doubt show the fence to be on both of our properties--neither of us is disputing that. The 30-day period we asked for in the letter to remove the fence has now elapsed. Meanwhile, these unsightly 9-foot structures have been up for over ten months now, with no evidence of progress to complte the "fence."
My questions are, what recourse do I have? Can I remove the posts? Cut them down to a reasonable height? Hack off the halves on my property? Your wise suggestions are appreciated!