Do I have legal right to ask neighbor to remove fence they built 100 on my property?
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Do I have legal right to ask neighbor to remove fence they built 100 on my property?
My neighbor built a wood picket fence and galvanized pole cemented in the ground 100 on my property before I moved in. After they built it they had a survey done and the property lines marked so they are aware it is completely on my property also pretty obvious just by looking at it. Their fence now has termites and I want to replace it with a very nice, and expensive, modern fence finished on both sides and privacy. I have not asked or expect my neighbor to contribute toward my new fence since it will be 100 on my property – although they will benefit as much or more from it as I will our city requires them to have a fully fenced property because they have a pool, but am not required to have any fences on my property, yet I do still want this fence for backyard privacy and to keep pets in/out.
I ‘have’ asked my neighbor to remove their old fence and haul it away at their expense. They’ve refused. Do I have a legal right to demand that they remove and dispose of the fence they built 100 on my property but before I moved into the house? And do I have a right to sue them in small claims court for the cost of removing and disposing of their fence if I am stuck paying for it?
Also, I know they really like the style of the new fence I’ve planned and it matches very well with their home as well as mine since I replaced the fence on the other side of my property and they’ve commented over and over how much they like that new fence.
Thank you
Asked on March 30, 2017 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, you can force them to pay for the cost of removing the fence and any re-landscaping necessary due to its removal: they have no right to build a fence (or any structure) on your land, and a property owner can require others to move anything placed without permission on the property owner's land and restore any damage, etc. done. You could remove the fence, then sue for the cost in small claims court; or you could sue in county court (not small claims) for a court order requiring them to arrange and pay for the removal--this second option is more expensive for you in terms of litigation costs and more complex, since county court is more procedurally complicated than small claims.
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