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Fenceing property line

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N

Nimbo

Guest
I want to fence my property. my neighbors house is probobly 3 feet from my property line. Can I fence my property line regardless of the distance between the fence and the neighbors house, or would there possibly be a setback requirement because of how close the neighbors house is to my property line. On my neighbors house there is a door which would either hit my fence and not open completely or will just barly make it open. The neighbor has owned his house for under five years and has been opening his door and croossing on to this property breifly to get back on his own, as well as useing this driveway to load his car from this property. my title insurance reported no easement at that location when I bought the house about 8 monthes ago. The agent told me when I bought the place that the neighbor had been using the door by permission but knew that I had the right to fence the property line if I should so choose, the agent later refused to put this in writeing after I asked him to, I have witnesses though. apparently the people who built these houses were friends and the people who lived in my house let the old guy who lived next door use the door, then he died and left it to my current neighbor, who dosent live there and rarely visits. I told the neighbor of my desire to build the fence and she objected because she wouldent be able to get out her back door and said perhaps when she sold the place I could build it. I have forgon building the fence because the neighbor is almost never there and I told her she passes by permission only. last week four women walked out that door onto my property looking to buy, I told them the neighbor passes by permission only and That I am going to build a fence on the property line. I called my neighbor and asked if she would put in writing that she has no right to pass and that she relinquishes any right to object to my building a fence on the property line, she refused. I would like to save the expense of a survey. If I build the fence and the neighbor gets a survey and finds that I am on her property would she be able to succesfully sue for the cost of the survey or anything else. how am I affected by any possibly easement in this situation. I figure there is none because no one disclosed it to me and it is not on record according to my title insurance. plus this particular lady has not been liveing at the property for five years yet and she is never there anyway. if there where somehow an easement for her, would it expire when she sold the place. it is actually possible to use the door and not step out on to my property although it is not practical and very tight.The platform the door opens onto may possibly be on my property along with a handrail that anchors into cement which may be on my property, how does this affect the whole situation. the state is california, thanx for taking the time to read this whole thing.
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Nimbo:
I want to fence my property. my neighbors house is probobly 3 feet from my property line. Can I fence my property line regardless of the distance between the fence and the neighbors house, or would there possibly be a setback requirement because of how close the neighbors house is to my property line. On my neighbors house there is a door which would either hit my fence and not open completely or will just barly make it open. The neighbor has owned his house for under five years and has been opening his door and croossing on to this property breifly to get back on his own, as well as useing this driveway to load his car from this property. my title insurance reported no easement at that location when I bought the house about 8 monthes ago. The agent told me when I bought the place that the neighbor had been using the door by permission but knew that I had the right to fence the property line if I should so choose, the agent later refused to put this in writeing after I asked him to, I have witnesses though. apparently the people who built these houses were friends and the people who lived in my house let the old guy who lived next door use the door, then he died and left it to my current neighbor, who dosent live there and rarely visits. I told the neighbor of my desire to build the fence and she objected because she wouldent be able to get out her back door and said perhaps when she sold the place I could build it. I have forgon building the fence because the neighbor is almost never there and I told her she passes by permission only. last week four women walked out that door onto my property looking to buy, I told them the neighbor passes by permission only and That I am going to build a fence on the property line. I called my neighbor and asked if she would put in writing that she has no right to pass and that she relinquishes any right to object to my building a fence on the property line, she refused. I would like to save the expense of a survey. If I build the fence and the neighbor gets a survey and finds that I am on her property would she be able to succesfully sue for the cost of the survey or anything else. how am I affected by any possibly easement in this situation. I figure there is none because no one disclosed it to me and it is not on record according to my title insurance. plus this particular lady has not been liveing at the property for five years yet and she is never there anyway. if there where somehow an easement for her, would it expire when she sold the place. it is actually possible to use the door and not step out on to my property although it is not practical and very tight.The platform the door opens onto may possibly be on my property along with a handrail that anchors into cement which may be on my property, how does this affect the whole situation. the state is california, thanx for taking the time to read this whole thing. <HR></BLOCKQUOTE>

I read your whole thing and the combination of the long confusing story mixed with the late morning hour has me ready to sign off. Your post contains a lot of suppositions and allegations which most may not be true. I really do not have any concrete answers for you at this point in time. Maybe some other readers might have more to offer.
 

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