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New Lot; Old Fence

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oaklandbuilder

Junior Member
What is the name of your state? California

We just bought a lot to build our first home. We had a survey done and the neighbors fence is on our property 2-3 feet. The fence is part cement block wall and part chain link. The City of Oakland approved our home plans under the condition that the block wall be removed prior to building. When we confronted the neighbor he was uncooperative (naturally). Since the fence is entirely on our property do we have the right to move it? What is your advice? Thank You
 


matti422

Member
Check into California law on eminant domain (I'm sure I spelled that wrong, and am not sure what California's statutes are). If the yard on the neighbor's side of the fence had been operated as theirs for a long enough time, it might be considered as his property. You need to check before tearing down the fence.
 

oaklandbuilder

Junior Member
eminent domain?

Thank you! I looked up eminent domain; it appears that this law is more appropriate in the government trying to aquire your land, is there any other suggestions?
 

matti422

Member
Ask him what kind of fence post he likes for the new terminal end of his fence? <kidding>

See if you can work with your real estate agent or real estate attorney to get a court order (injunction) allowing you to knock down the fence. I know it's conservative advice, but you might find it easier to get this proactive instead of fighting a suit for damages and loss of property value if you tear down the fence without warning. Especially if the property is worth a lot (no pun intended).

After all, you don't know if the whole neighborhood was originally surveyed wrong or if it was just this yard. You may set off an unwanted trend of everyone in re-evaluating their property lines.
 
S

seniorjudge

Guest
oaklandbuilder said:
What is the name of your state? California

We just bought a lot to build our first home. We had a survey done and the neighbors fence is on our property 2-3 feet. The fence is part cement block wall and part chain link. The City of Oakland approved our home plans under the condition that the block wall be removed prior to building. When we confronted the neighbor he was uncooperative (naturally). Since the fence is entirely on our property do we have the right to move it? What is your advice? Thank You
Eminent domain has nothing to do with your problem.

If the fence is on your property, then it is not your neighbors, it is yours.
 

BelizeBreeze

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

We just bought a lot to build our first home. We had a survey done and the neighbors fence is on our property 2-3 feet. The fence is part cement block wall and part chain link. The City of Oakland approved our home plans under the condition that the block wall be removed prior to building. When we confronted the neighbor he was uncooperative (naturally). Since the fence is entirely on our property do we have the right to move it? What is your advice? Thank You
Send the neighbor a very nice letter (RRR) demanding the fence and footings be removed within 10 calendar days otherwise, you will have it removed and sue for the costs, including attorney fees and court costs.

Then, if and when they do not respond, tear the damn thing down and sue their ass.
 

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