Neighbor wanting to move fence

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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