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Fence and property line boundry

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DougSend2

Junior Member
What is the name of your state? California

I have been blessed with a very obnoxious neighbor who even thinks she has the right to tell people they cannot park on the public street in front of her house. When I purchased the house the previous owner warned me about her as he had also had a dispute with her. Many years ago she had installed a fence on her side of the property and told the previous owner of my house that it was 10 inches inside her property that lead to the surveying. Her fence is on her side, but probably more like three inches. At any rate, when I purchased the house I had another fence run up the hill and met her fence part way forming a T. I did this so my dogs could not go up the hill and get out of the yard. My fence has been in place for about 7 years and everything had been fine until about a week ago when my girl friend got into a big argument with her. Next thing I know, my neighbor calls me up, informs me that my fence is sticks on her side at that point (she again claims by 10 inches while it is actually more like two or three inches) and that I need to move it back. Obviously, she can not use that very small strip of land because she had already put up the fence. If I move it I would have to likely put up another fence starting where the T forms and running parallel to her fence. So, do I really need to move my fence back?

Doug
 
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Some Random Guy

Senior Member
How big are your dogs?

if the fence is only three inches on her property and you have the survey to prove it, then by all means, get your fence off her property. Just remove the connection to her fence and install your own fencepost so that it comes right up to your property line.

This will only work if you have a big dog.
 

bbear401

Member
estoppel by silence definition – estoppel that arises when someone is under the obligation to speak but fails to do so. ,, this is a legal doctrine that can be used when you place a structure or a fence in plain view and no one moves it,, prevents you from installing improvements and where you would suffer a loss from a result of thier silence if you were forced to move it.
 

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