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Boundary/Division Fences

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G

geryon

Member
What is the name of your state? CA

If my neighbor wants to erect a "boundary" or "division" fence, am I obligated to allow it to encroach on my property (i.e. evenly span the property line)? Or can I insist that if they want a fence that they build it only on their side?

I know this sounds kind of petty, but for reasons that I don't think are relevant to the legal question, 2 inches would make a big difference to us.
 


H

HomeGuru

Senior Member
geryon said:
What is the name of your state? CA

If my neighbor wants to erect a "boundary" or "division" fence, am I obligated to allow it to encroach on my property (i.e. evenly span the property line)? Or can I insist that if they want a fence that they build it only on their side?

**A: you do not have to let it encroach on your property.
*******

I know this sounds kind of petty, but for reasons that I don't think are relevant to the legal question, 2 inches would make a big difference to us.
Click to expand...
**A: they have a legal right to build the fence within their property or right on the property line.
 
G

geryon

Member
HomeGuru said:
**A: they have a legal right to build the fence within their property or right on the property line.
Click to expand...

Okay. Since a line is one dimensional, it has no width. Therefore, anything protruding whatsoever on our side of the line is an encroachment. Thanks.
 
B

BelizeBreeze

Senior Member
geryon said:
Okay. Since a line is one dimensional, it has no width. Therefore, anything protruding whatsoever on our side of the line is an encroachment. Thanks.
Click to expand...
And of course you have a current survey that shows the EXACT position of the line and any such encroachments?
 
G

geryon

Member
I have a current survey.

As for EXACT, obviously this is only within surveyor standards for urban, residential property. If you look at the survey, you might be led to believe is accurate to one hundreth of an inch, which is clearly not practical. What I was really wanting to know is if the fence is 4" wide, do I have to accept 2" on my property if my neighbors build a fence "on" the boundary that I don't want at all.

Thanks.
 
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