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Problem w/ Access for Swimming Pool

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What is the name of your state?What is the name of your state? California.

I'd like to fulfill my dream of owning a swimming pool (I'm near Sacramento, which usually has 15 days over 100 degrees each summer, with the other days being in the 90's -- to me, the dream is more of a necessity!). The north side of my house does not have enough room for access (plus there are utility boxes in the way, which prevents equipment from getting through), so my pool contractor and I are looking at ingress/egress via the south side.

My southern neighbor has expressed discontent at the mere suggestion at taking out our common "good neighbor fence" so that the pool company can get their equipment into the rear yard. My contractor has told me that they only need to remove three panels of the fence, and that the equipment will never physically go onto the neighbor's property, since the tires are not very wide. However, the dozer part of the equipment is much wider, and will cross over my neighbor's air space.

My husband and I had approached this neighbor six months back, simply to let them know that we would be planning a pool this spring. They immediately (literally within two weeks) poured concrete on their side yard, and built a permanent shed (without a permit).

Do we legally have the right to temporarily remove our good neighbor fence for improvement access? Also, can the neighbor prevent us from crossing (3 - 4 inches) over their air space?

By the way, this same neighbor sought out my permission to take out the same fence two years ago so that they could build a pool, and my husband and I said "Yes" without any hesitation. Some "good" neighbor!

Thanks in advance for your insight!

~Wick~ :)
 


I AM ALWAYS LIABLE

Senior Member
My response:

Do you have a survey?

On whose side of the property line is the fence built?

If you have a survey, and the fence is straddling the property line, then without their permission, you're simply out of luck.

Regardless, at some point in time, they're going to want something from you; e.g., to rebuild that fence, and for you to pay half. Tell them to "cram it, clowny!"

IAAL
 

Shel77

Member
If you need to go on their land and they say no then you can't really do anything. I get the impression that this is their fence as well which means you can't touch it but like liable said when they need something they will wish they would have been more neighboor like and as belize would say tell them to "get bent" LOL, sorry I could not help myself!
 

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