vendredi 27 novembre 2015

Boundary Agreements: Boundary Agreement Instead of Moving Fence

My question involves real estate located in the State of: CA
We've had issues with our neighbor for the past 6 months and are close to resolving it. We have a fence that runs 125 ft between our house and the neighbors. After having the property surveyed, it was brought to our attention that the neighbor owes us 2.8 ft. The first 55 feet of the fence is wood and the neighbor has finally agreed to move their items off our property so that we can replace the wood fence. The remaining 70 feet is chain link and will require them to move a greenhouse (a free standing/shed like structure), some planter boxes, and some landscaping.
The neighbor originally offered to draw up a boundary agreement and to pay a small sum of money to us as a one time offering for letting them use the land. We declined this offer because the area with the wood fence is space we could utilize for some future home remodeling we have in mind.

I was thinking of seeing if they were interested in doing a boundary agreement for the 70 feet of space next to the chain link fence since this space is used more by them. I don't mind moving the chain link fence to line up with the new placement of the wood fence but was trying to save them time and money of moving their items in this area. When I brought this up in passing, they didn't seem interested but also keep asking us if we plan to move the chain link fence and how disappointed they would be to lose their greenhouse and matured landscaping. I assume it's better to put an agreement in place instead of doing nothing because without it, can't they claim adverse possession after a certain amount of time? Thoughts?


Boundary Agreements: Boundary Agreement Instead of Moving Fence

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