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Fence Dispute (grandfather clause?)

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justfish

Junior Member
What is the name of your state? CA

I purchased a house in 1968, house was built in the 1950's. One of the shared fences took a jog about 3 feet into my propert sometime in the 1980's the neighbor put a unpermited spa and gazebo on a concrete slab, now I'm selling the property and am putting up a new fence. I would like the fence to run straight along the original property line.
I've spoken to the city and they supplied a map of the original track property lines and said that I'm right but that it's a civcil matter and they can't make her take the spa out. The city also told me there is no grandfather clause. All along she won't work with me in any matter and has threatened a lawsuit.
Today I received a letter from a law firm which states "even if I pay for a survey it would not help me since after 5 year there is a precriptive right for the fence to remain no matter where the property line is." "The letter is a demand that I replace the fence in the exace same place within one week or a immediate lawsuit will be filled, any one in concert with me will be named too." It goes on and on about punitive damages and that I only act to cause harm to her. I have done a lot of remodaling to the house and this is the last thing to do.

Please any advice?
 


RES IPSA

Junior Member
justfish said:
What is the name of your state? CA

I purchased a house in 1968, house was built in the 1950's. One of the shared fences took a jog about 3 feet into my propert sometime in the 1980's the neighbor put a unpermited spa and gazebo on a concrete slab, now I'm selling the property and am putting up a new fence. I would like the fence to run straight along the original property line.
I've spoken to the city and they supplied a map of the original track property lines and said that I'm right but that it's a civcil matter and they can't make her take the spa out. The city also told me there is no grandfather clause. All along she won't work with me in any matter and has threatened a lawsuit.
Today I received a letter from a law firm which states "even if I pay for a survey it would not help me since after 5 year there is a precriptive right for the fence to remain no matter where the property line is." "The letter is a demand that I replace the fence in the exace same place within one week or a immediate lawsuit will be filled, any one in concert with me will be named too." It goes on and on about punitive damages and that I only act to cause harm to her. I have done a lot of remodaling to the house and this is the last thing to do.

Please any advice?

My response:

Advice about what? To be told that you're right or wrong?

Go consult with a local Real Property attorney.

IAAL
 

lwpat

Senior Member
Why can't everybody just be civil and get along. If the spa/gazebo required a permit, report her to the code officials. The property is yours and she can sue you claiming adverse possession and you will both spend a lot of money in legal fees. Will it really make any difference in the selling price of the house? Are you willing to risk the property being tied up in court for three or four years? You will be better off selling her that section and getting your deed clear. Make her an offer.
 

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