My question involves real estate located in the State of: California
Hi everyone,
My first question involves an encroachment and trespass of a boundary fence. The fence between my and my neighbor's house currently encroaches onto my property. The encroachment is partial as a portion of the fence is where it should be. I would like to move the fence back to the property line - survey completed - but my neighbor is claiming she has an equitable easement. Her reasoning is based on the fact that her house is a duplex, and the only way her rear tenant can enter and exit is through this little walkway between the encroaching fence and the side of the house. Based on a visual inspection, it seems that the previous owner of her house sealed off a front doorway which could have been the entrance to the rear, or the whole house, to do an addition to the house. I believe it is possible for her to do improvements to the home to allow the rear tenant to enter from the front instead of the side.
The neighbor did not refuse to allow me to move the fence to where it should; she just said she is waiting on measurements to see if there is ample room to move about. With the fence moved to where it should be, there is still ample room for ingress and egress. However, if she does not agree to move the fence back the proper location, what is my liability for unilaterally moving the fence to where it should be? Again, there is enough room for her rear tenant to move in and out if the fence is moved back. She is using my strip of land with paying taxes or compensation and there is no recorded or written easement.
My second question involves the same neighbor and property. There are giant bamboo shoots - the ones about the size of a fist or larger - that is situated between the boundary fence. The bamboo was there when I purchased the house - I bought before my neighbor. Currently, the majority of bamboo shoots are on my side of the property, and I maintain it; there are no shoots on her side. My neighbor is claiming that bamboo damaged her sewer line which is between two to three feet below the surface. She is also arguing that one of the fence posts damaged her sewer line. By looking at the metal fence post where it came in contact with the sewer line, it seems that whoever built the fence just placed cinder blocks as a base for the fence and cemented in the metal fence posts. I do not know which previous owner built the fence and my neighbor is trying to shift the responsibility to me. What is my liability, if any, for her damaged sewer line as to (1) the bamboo and (2) the metal fence post?
Thank you for reading.
Correction to the last sentence of the second paragraph: She is using my strip of land without paying taxes or compensation and there is no recorded or written easement.
Hi everyone,
My first question involves an encroachment and trespass of a boundary fence. The fence between my and my neighbor's house currently encroaches onto my property. The encroachment is partial as a portion of the fence is where it should be. I would like to move the fence back to the property line - survey completed - but my neighbor is claiming she has an equitable easement. Her reasoning is based on the fact that her house is a duplex, and the only way her rear tenant can enter and exit is through this little walkway between the encroaching fence and the side of the house. Based on a visual inspection, it seems that the previous owner of her house sealed off a front doorway which could have been the entrance to the rear, or the whole house, to do an addition to the house. I believe it is possible for her to do improvements to the home to allow the rear tenant to enter from the front instead of the side.
The neighbor did not refuse to allow me to move the fence to where it should; she just said she is waiting on measurements to see if there is ample room to move about. With the fence moved to where it should be, there is still ample room for ingress and egress. However, if she does not agree to move the fence back the proper location, what is my liability for unilaterally moving the fence to where it should be? Again, there is enough room for her rear tenant to move in and out if the fence is moved back. She is using my strip of land with paying taxes or compensation and there is no recorded or written easement.
My second question involves the same neighbor and property. There are giant bamboo shoots - the ones about the size of a fist or larger - that is situated between the boundary fence. The bamboo was there when I purchased the house - I bought before my neighbor. Currently, the majority of bamboo shoots are on my side of the property, and I maintain it; there are no shoots on her side. My neighbor is claiming that bamboo damaged her sewer line which is between two to three feet below the surface. She is also arguing that one of the fence posts damaged her sewer line. By looking at the metal fence post where it came in contact with the sewer line, it seems that whoever built the fence just placed cinder blocks as a base for the fence and cemented in the metal fence posts. I do not know which previous owner built the fence and my neighbor is trying to shift the responsibility to me. What is my liability, if any, for her damaged sewer line as to (1) the bamboo and (2) the metal fence post?
Thank you for reading.
Correction to the last sentence of the second paragraph: She is using my strip of land without paying taxes or compensation and there is no recorded or written easement.
Creation: Relocating a Fence vs. a Claim of an Equitable Easement
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