My Rear Neighbor Has Moved The Fence!!!

What is the name of your state?California
i live in Los Angeles , i decided to fix my garage about 2 weeks ago and the architect who came to make the plan for me goes: hey did you know your neighbor is cheating on you? i said how? he goes: there is a 4'x20' feet space behind your garage that has been taken from you and that is why the fence stops right here.
i was so upset, i bought the house about 4 years ago and never noticed this problem. i brought the surveyers who crossed over to the neighbors house and put a mark where the true property line is. when the surveyers went in there the neighbor let their dogs on him and i got so mad i told them this is my property but she said they have an agreement with the previous owner that they can use that space, and i told them this is citys easement and that agreement is no good, she started screeming that , it is hers.
my question is: is such agreement legal? and how can i take my property back from them? it is a big space behind the garage? thanks

Write your neighbor a Cease and Desist letter (certified RRR) to move the fence within 5 days or you will sue her for the cost of taking the fence down and having it moved to it's correct location.

Then, when she does not move the fence. sue her ass.

hi

thanks for the reply, but it is not that easy to just sue the neighbors, this kind of case in los angeles has to go to superior court and may take up to 2 years. and my main problem now is to be able to send the construction guys behind the garage wall in their house to work on the new garage and i am afraid now that i argued with them they wont let the workers in there either.
i really need to know what to do. does anyone else has any suggestions? thanks

I think you should take your time obtaining letters, legal documents,
and other sorts of evidence to prove who is right.
When you have all that and feel confident, take legal action through
the City. And those sort of agreements are totally invalid anyway,
since the previous neighbor moved. The City will rectify the problem.

hi

oh, i wish it was that easy. i have contacted the city more than 20 times but they have told me this is a civil matter and they wont get involved.
does anyone know the rules in California?
i talked to two lawyers, one of them said to go ahead and break the blockade and put the fence where it is supposed to be, they may call the police and when they come tell them you are puting the fence where its marked by surveyers and the police will tell you this is a civil matter and will leave.
the other lawyer told me : do not go in the neighbors house and put up a fence because the police might arrest you and the neighbors can sue you for emotional stress and a lot of other nonsense things.
i am really confused, please help me here. thanks everyone

anyone?

hi, anyone else out there?

Ferenc said:

I think you should take your time obtaining letters, legal documents,
and other sorts of evidence to prove who is right.
When you have all that and feel confident, take legal action through
the City. And those sort of agreements are totally invalid anyway,
since the previous neighbor moved. The City will rectify the problem.

Click to expand...

And what kind of crap is that? The city doesn't give a damn about this problem. It's CIVIL, not criminal.

So, if you don't want to do what I suggested, then fine. Move the damn fence and YOU get sued. Either way you're either going to end up in court or jail. You figure it out.

mdman126 said:

thanks for the reply, but it is not that easy to just sue the neighbors, this kind of case in los angeles has to go to superior court and may take up to 2 years. and my main problem now is to be able to send the construction guys behind the garage wall in their house to work on the new garage and i am afraid now that i argued with them they wont let the workers in there either.
i really need to know what to do. does anyone else has any suggestions? thanks

Click to expand...

When they say sue for the cost of the fence, they likely mean small claims court since that is what handles matters less than $5000.

You stated that you have a survey. Have the workers begin work on the fence. The neighbors can call the police. You've seen yourself how effective that tactic is in dealing with them. If they claim trespassing, you have the survey that verifies you are on your own property and in fact could claim trespassing on them. If they release the dogs and they menace you, pepper spray them. Inform your neighbors that if the dogs are on your property, they will be held until the pound retrieves them and this pattern will continue.

Nick