Fence and shed

What is the name of your state? California
Fence Problem

I bought my house from my father’s estate. Next door are neighbors who suffer from mental illness and the elderly home owner fights me on everything I try to do.

Anticipating this, I had my property surveyed. My property tax bill and my deed indicate that I own my lot and 1 foot of their lot. 50 years ago, the neighbor and her husband, built the fence between the two properties on the lot line, not the property line. So, the fence is on my property.

I notified them by telephone, by in person conversation, and then by letter that I intend to remove the old, weak existing fence and put a new 6 foot dog-eared cedar fence where the existing fence is. I have asked them to keep the pittbulls (2) in the house and have arranged for the fence company to complete the job in one day.

The neighbor is questioning the survey, which has been recorded with the county. They want a copy of the survey. I said I would let them look at it. I paid $4000 for the survey and they can get their own copy from the county. I am also covering the $3000 for the fence. What do they want, my blood? They have asked for an extension, which I have granted. The new fence is due to be erected on August 2, but I have agreed to postpone until August 9.

They have built a small tool shed against the fence and do not want this destroyed. I have agreed to give them $100 to build a new shed. I have arranged to have her railing on the steps installed. I don’t want to do anything that puts the fence company or myself into any jeopardy. What happens to the shed and its contents? She says we are not allowed to touch her property. She is just trying to cause me grief and is being very successful!

Oh, and by the way, they have told me that they are refusing to restrain their pittbulls. I have contacted Animal Control and they are willing to send an officer out to have a talk with them. It is their responsiblility to restrain their animals. They want me to pitch in $200-$300 to have a temporary fence installed for THEIR pittbulls!

What a heart-rending story. I was at the edge of my seat............until I discovered you have asked not one legal question.

Question

California

Can I remove the existing fence, built by the neighbor, on my property? what about the shed attached to fence and its contents? Where does ther responsibility lie for that? Can she come back and sue me for a cracked stair, say, or for touching her tools, etc?

I am REALLY trying to do this the appropriate way. I need some help here!

Either have your attorney or you can do it yourself, send her a demand letter, Certified (RRR) giving her 5 days to remove the fence and shed from your property and demanding they restrain their pit bulls during construction.

If she does not comply in the time allowed, call animal control and then remove the fence. If she does not move the shed before you have completed the fence to the point of the shed, call code enforcement in your city and have them come out to verify that the shed is either to code or not.

If it's a portable shed then hire a forklift to move it back to her property. If not, complete the fence to the shed then sue her ass for encroachment and to have the shed torn down and removed.

DO NOT touch any of her belonging in the shed unless they are in the 1 foot area.

Thank you, that was very helpful. I think it is time to get a lawyer to draft the letter. Thank you, again.

If the fence was built 50 years ago it's quite likely that you have lost any right to demand they remove it.

blameshifting said:

If the fence was built 50 years ago it's quite likely that you have lost any right to demand they remove it.

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What blameboy is talking about cooker is adverse possession and that right must be demanded by the neighbors in court. At this point ignore this issue and let your attorney handle it.

It's very likely that the neighbors either do not know of the theory (sometimes called squatter's rights) or will not pursue it. At any rate, there are many requirements necessary for adverse possession to be valid and since only one of many has been listed in your post, no intelligent person can make that leap.

BelizeBreeze said:

What blameboy is talking about cooker is adverse possession and that right must be demanded by the neighbors in court. At this point ignore this issue and let your attorney handle it.

It's very likely that the neighbors either do not know of the theory (sometimes called squatter's rights) or will not pursue it. At any rate, there are many requirements necessary for adverse possession to be valid and since only one of many has been listed in your post, no intelligent person can make that leap.

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Rambling again? I'm not talking about adverse possession, I'm referring to a prescriptive easement, and from the posters statements a prescriptive easement is very likely to exist.

The neighbor is unlikely to have adverse possession as California requires that the neighbor have paid the taxes on the portion of land being used. That's is pretty unlikely.

But thanks for making a leap that wasn't called for.

You should just apologize for giving the poster horrific "legal" advice (go tear down the fence after giving 5 days notice) and move on.

You still can't get it right can you.

Nice try though. Next time look it up in the right book.

BelizeBreeze said:

You still can't get it right can you.

Nice try though. Next time look it up in the right book.

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Look it up in the right book?

ROTFLMAO

Would that be your tattered copy of "Real Estate Law for Dummies"?

Cookers, you have your options. I apologize for the forum troll who seems to like following myself and Jet around making an ass of himself.

As I said, consult your own attorney and proceed as suggested.

In the meantime I'm not feeding this idiots desire for attention. And I'm sorry your thread had to deal with it.

Good luck to you and let us know what happens.

BelizeBreeze said:

Cookers, you have your options. I apologize for the forum troll who seems to like following myself and Jet around making an ass of himself.

As I said, consult your own attorney and proceed as suggested.

In the meantime I'm not feeding this idiots desire for attention. And I'm sorry your thread had to deal with it.

Good luck to you and let us know what happens.

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Actually you told cookers to send a demand letter and then tear the shed down if they don't comply after 5 days.

That's simply awful legal advice, and calling me a "troll" doesn't change that fact.

The neighbor is very likely to have a prescriptive easement and cookers would have no right to tear their fence down.

It's nice of you to start telling cookers about adverse possession AFTER my warning to cookers. You should have started thinking about such things after reading that the fence was built 50 YEARS AGO.