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fence encroachment,CA

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cindyk

Guest
What is the name of your state?undefinedWhat is the name of your state?California
We are from California and are in the process of buying property. The property is vacant land and is 10 acres in size. We had a survey done and the bottom corner is in the neighbors yard. The fence comes onto our property about 60 to 70 feet. There are no structures on the encroachment. We don't really want to buy into a leagal battle so we contacted the neighbors to get a feeling of what they thought. They said they knew the fence was not on their property but "so what". They also stated that they have lived there for 25 years(doubtful) and they are not willing to move the fence even though they know its not on their property. It's just a metal post and wire fence and would be easy to remove. Do they have any rights or if I purchase the property, do I have the right to remove the fence myself?
 


BelizeBreeze

Senior Member
If they have not yet filed an Adverse Possession claim through the courts then the clock starts again once you purchase the land.

But why bother? At the present time it is up to the sellers to require the party to remove the offending fence so inform them that as soon as they (owners) comply with the recent survey markings and demand the fence be removed, you'll purchase.
 

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