Neighbor wanting to move fence
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Neighbor wanting to move fence
I wanted to know if my neighbor has the right no move the fence in between properties. I’ve lived in my home for 23 years and bought the house almost 2 years ago. She owns the house but rents it. She recently got a surveyor out here and it showed that the fence is on her property 2 feet. Now, she wants to move the fence over those 2 feet and wants me to help her pay for it. I do not want to move the fence at all as ive done some fixing up throughout my property and put some new cement for the driveway less than 2 years ago. Is there anything I can do to stop her from moving the fence? She had stated that she was obligated by the county to move it and had paperwork but when asked for the document she had none. Also, I spoke with someone in the county and they said she was not required.
Asked on September 11, 2017 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If the fence is truly on her property--and note: you don't have to take her at her word or rely on her surveyor; you can and should have the land re-surveyed yourself, to confirm the boundaries--then she is entitled to move it; she does not have to allow any structures on land that she does not want there.
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