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Temporary Storage Container Encroaching Property Line

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rustybearbandit

Junior Member
What is the name of your state? California

The convenience store located on the property next door to ours has a large storage container building (not a permanent structure) that encroached our property line by 15 feet. We talked to the owner in Oct. 2004 when construction of our new home was about to start and told her she needed to move the container so that we could put up a fence. She has refused to do this and now says our survey was wrong and that she isn't going to move the container. Our home is almost ready to move into and we need to fence it to keep our dogs in. What can we do?
 


A

absconder

Guest
Whats in this storage container? Anything I might need? $$$$$$$$$$
 

I AM ALWAYS LIABLE

Senior Member
rustybearbandit said:
What is the name of your state? California

The convenience store located on the property next door to ours has a large storage container building (not a permanent structure) that encroached our property line by 15 feet. We talked to the owner in Oct. 2004 when construction of our new home was about to start and told her she needed to move the container so that we could put up a fence. She has refused to do this and now says our survey was wrong and that she isn't going to move the container. Our home is almost ready to move into and we need to fence it to keep our dogs in. What can we do?

My response:

Rent a bulldozer and push it back onto her property. Simple.

IAAL
 

jkwest

Member
have a garage sale with whats in it ...its yours

If the thing is 15ft on your side of the line then fence in your property and thank them for the free container and for whats in it. Sell it to pay for the new fence.They even might want to buy it back .after all you own everthing that is on your land when you buy it right? like : house .shed .. [container?] etc..
 
Last edited:

rustybearbandit

Junior Member
I doubt there is anything you would need HA! The container is like you would see on a cargo ship - huge - and is filled mostly with junk but also inventory. We really need to put up this fence as the store owner drives across the back of our property and the 2 vacant lots to her own house.
 

rustybearbandit

Junior Member
I AM ALWAYS LIABLE said:
My response:

Rent a bulldozer and push it back onto her property. Simple.

IAAL

My husband & I seriously thought of that! We have a contractor coming with a loader/backhoe to do some work this week but I'm afraid if something is damaged in the container (or the container is damaged) we will be held liable. We have exactly 4 weeks to get this fence put up around 9/10ths of an acre before my husband goes back to sea for 4 months!
 

I AM ALWAYS LIABLE

Senior Member
rustybearbandit said:
My husband & I seriously thought of that! We have a contractor coming with a loader/backhoe to do some work this week but I'm afraid if something is damaged in the container (or the container is damaged) we will be held liable. We have exactly 4 weeks to get this fence put up around 9/10ths of an acre before my husband goes back to sea for 4 months!


My response:

Arrrrrgggg, me matey!

Then what would you be havin' us do fer ye? Send the blackard down to Davie Jones' locker? Arrrrrgggg.

Did ya perchance have a legal question, Lassie?

IAAL
 

rustybearbandit

Junior Member
I AM ALWAYS LIABLE said:
My response:

Arrrrrgggg, me matey!

Then what would you be havin' us do fer ye? Send the blackard down to Davie Jones' locker? Arrrrrgggg.

Did ya perchance have a legal question, Lassie?

IAAL
Oh you have brought a needed smile to my face! Yes my question would be, "am I liable for damage to her property if I move this container?" and, "should I file a code violation complaint?"
 

I AM ALWAYS LIABLE

Senior Member
rustybearbandit said:
Oh you have brought a needed smile to my face!

MY RESPONSE: If you thought that gave you a smile, just think of the big smiles I could give you as soon as your husband goes back out to sea!


Yes my question would be, "am I liable for damage to her property if I move this container?"

MY RESPONSE: It's on your property, correct? Then she takes all the liability if something is trespassing on your land.


and, "should I file a code violation complaint?"

MY RESPONSE: That's up to you. I prefer the most expedient methods, however.

Place her on a 10 day notice in writing of your intentions.

IAAL
 

rustybearbandit

Junior Member
I AM ALWAYS LIABLE said:
rustybearbandit said:
Yes my question would be, "am I liable for damage to her property if I move this container?"

MY RESPONSE: It's on your property, correct? Then she takes all the liability if something is trespassing on your land.


and, "should I file a code violation complaint?"

MY RESPONSE: That's up to you. I prefer the most expedient methods, however.

Place her on a 10 day notice in writing of your intentions.

IAAL
Thank you for quickly responding to my questions. I think a "notice of intent" is a good idea and I am sure my husband will enjoy "dozing" the container back onto her property (what he really wants to do is take a blow torch and cut the thing off at the property line!).
Once the fence is up I won't have any complaints! Her goats (she brings 2 goats to work with her in the morning!) won't be grazing under my kitchen window. The joys of living in a rural community really do outway the bad!
 

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