My fence is over the line and the owner probably doesn't know it...

[LdiJ]

Now that you mention it, I think you are right. Even if I did bring it up and they said "hmm... didn't know you were over the line. Now go move it back", I'm guessing even if I didn't do anything after that, (ie didn't move it back either), it would just be forgotten or put on somebodies todo list never to be done until and only if a day of reckoning comes. I'm going to have a think about that. ty...

My honest advice is to do nothing at all, including your proposed landscaping. There is no way that you can do that without effecting water flow, possibly to your own detriment, possibly to the detriment of others, which is probably why no one else has done it before you. You will also need a retaining wall on the side of your yard where your neighbor is higher than you are and that will bring it's own challenges. You are better off leaving well enough alone, in my humble opinion.

 

[quincy]

I didn't read all of that very long follow up post, but the bottom line is this: Either approach an appropriate public official and deal with whatever response you get or do what you want and risk having to rip things out. Keep in mind that if/when you sell the property, you'll likely need to disclose this to a buyer. Also, you may have issues getting a landscaper to build/plant on the three foot section and, if permits are needed, you might not be able to get them.

It’s not just a matter of “ripping things out.” The grade of the land is being changed. Any plantings or other landscaping would be in addition to the property’s physical alteration.

I think consultation with an attorney might be helpful before any changes to the school’s property is done.

 

[DyaDya]

Yes, good point on the landscaper. One thing I didn't think of yet is to do a very quick general initial proposal to a reputable landscaper and see what they say. That could even drive things. One separate point about a possible future disclosure to a buyer... I'm Kind of pis***. This was never disclosed to me when i bought the house. In all honesty it probably wouldn't have made a difference and I'm glad we got the house, but just say'in!

 

[LdiJ]

Yes, good point on the landscaper. One thing I didn't think of yet is to do a very quick general initial proposal to a reputable landscaper and see what they say. That could even drive things. One separate point about a possible future disclosure to a buyer... I'm Kind of pis***. This was never disclosed to me when i bought the house. In all honesty it probably wouldn't have made a difference and I'm glad we got the house, but just say'in!

They could have believed that the fence was on their property...or even only vaguely knew to start with and had forgotten over the years.

 

[quincy]

Yes, good point on the landscaper. One thing I didn't think of yet is to do a very quick general initial proposal to a reputable landscaper and see what they say. That could even drive things. One separate point about a possible future disclosure to a buyer... I'm Kind of pis***. This was never disclosed to me when i bought the house. In all honesty it probably wouldn't have made a difference and I'm glad we got the house, but just say'in!

Often a mortgage lender will discover a problem with the property lines when doing a survey of the property prior to financing a purchase - and a pre-purchase inspection of the property that you as prospective purchaser order can also reveal irregularities. But, as LdiJ noted, the seller from whom you purchased the property might not have been aware that the fence was installed outside their property line.

 

[FlyingRon]

California specifically does NOT allow adverse possession claims on government-owned lands.

 

[quincy]

California specifically does NOT allow adverse possession claims on government-owned lands.

No state does.