My question involves real estate located in the State of: California
Our property shares one of the property line with two properties. On neighbor#1's property, we have a utility easement running along inside their property, intersecting ours in a reverse "T". we have been required to replace a utility line that runs in that easement.
we contacted neighbor#1, and got permission to enter and dig within the easement, to replace our utility line. However when we looked into their yard, we found out that neighbor#2 had "annexed" the entire setback and the easement as their yard, with the fence angling from the shared "T" corner to neighbor#1's HOUSE, using the wall of the house as the fence, and then angling back from the other corner of the wall back to what appears to be the proper boundary. Neighbor#1's reaction to this was, "hm.. aren't there supposed to be some setback or something?" but didn't appear overly concerned.
So even though our utility line exists in neighbor#1's property, we had to notify neighbor#2 that we will be digging in the yard, and also must take down part of the fence to access it, we already have permission from the landowner, etc, and to contact us if they have any concerns or questions. we have not heard from neighbor#2.
Now, neighbor#2 is very hostile. They are hostile enough to spray herbicide into our yard (instead of just trimming that hedge that extends few inches over the fence), chop our tree down without permission (and blatantly lie to the police about it), illegally re-grading their yard 2-3ft higher along our shared fence (they are uphill from us) and using the fence as a retaining wall resulting in the fence to buckle and slide few feet into our property (verified by two surveys done in the past. the fence that has not moved in 40 years have all of a sudden started moving in the past 5 years, after they started moving soil...), at one point logged 13 code violations with the city, etc. we also know that they dug up our other neighbor's utility line (a different public utility easement runs along our shared boundary) and left it exposed o the elements for over a year, and when our neighbor#3 also had to replace his utility line, neighbor#2 made a big stink and as our neighbor#3 put it, "was a real jerk about it". etc. so they are known to tamper with things and be generally hostile.
Now that we know our utility line, although it is fully on neighbor#1's property, the hostile neighbor#2 has full access, and we are very stressed that they will tamper with our utility line now that they know it's accessible to them. This is a guy who sprays herbicide into a yard to a point all the vegetation that was sprayed reeked and was dripping--and he told the police he may have "accidentally" misted when he was several feet away from the fence... when the police pointed out that the tree and shrubs are drenched all the way down to the ground (and not just above the fence), he just ushered the police off his property. that's the type of person he is. We are afraid of him. He's already poisoning our soil and shrubs, but we cannot have him tamper with our utility line.
We are thinking about speaking with neighbor#1, to offer to pay for a surveyor to mark the proper boundary, and allow us to install a new boundary fence just inside their property. We know that adverse possession does not apply here as both houses are occupied and taxes paid by each of the owners. we do not own the land in dispute, but have easement access right to install and maintain utility lines (as with 4 other families in our subdivision).
if the neighbor#1 says yes, go ahead, is it ok to notify neighbor#2, hire the surveyor and place the fence in the proper location? as it is, our utility line cris-crosses a fence over the easement. if we ever have to go back and fix things in an emergency, it would be a nightmare, not to mention having to live in constant fear that he may do something to the utility line without permanent structures on top of it... We asked the city and they don't care... (it's labeled as "public uility easement" but in reality it is only used by 4 private properties, and the city's right to run a fire hydrant line there.. so they don't really use it).
help...
Our property shares one of the property line with two properties. On neighbor#1's property, we have a utility easement running along inside their property, intersecting ours in a reverse "T". we have been required to replace a utility line that runs in that easement.
we contacted neighbor#1, and got permission to enter and dig within the easement, to replace our utility line. However when we looked into their yard, we found out that neighbor#2 had "annexed" the entire setback and the easement as their yard, with the fence angling from the shared "T" corner to neighbor#1's HOUSE, using the wall of the house as the fence, and then angling back from the other corner of the wall back to what appears to be the proper boundary. Neighbor#1's reaction to this was, "hm.. aren't there supposed to be some setback or something?" but didn't appear overly concerned.
So even though our utility line exists in neighbor#1's property, we had to notify neighbor#2 that we will be digging in the yard, and also must take down part of the fence to access it, we already have permission from the landowner, etc, and to contact us if they have any concerns or questions. we have not heard from neighbor#2.
Now, neighbor#2 is very hostile. They are hostile enough to spray herbicide into our yard (instead of just trimming that hedge that extends few inches over the fence), chop our tree down without permission (and blatantly lie to the police about it), illegally re-grading their yard 2-3ft higher along our shared fence (they are uphill from us) and using the fence as a retaining wall resulting in the fence to buckle and slide few feet into our property (verified by two surveys done in the past. the fence that has not moved in 40 years have all of a sudden started moving in the past 5 years, after they started moving soil...), at one point logged 13 code violations with the city, etc. we also know that they dug up our other neighbor's utility line (a different public utility easement runs along our shared boundary) and left it exposed o the elements for over a year, and when our neighbor#3 also had to replace his utility line, neighbor#2 made a big stink and as our neighbor#3 put it, "was a real jerk about it". etc. so they are known to tamper with things and be generally hostile.
Now that we know our utility line, although it is fully on neighbor#1's property, the hostile neighbor#2 has full access, and we are very stressed that they will tamper with our utility line now that they know it's accessible to them. This is a guy who sprays herbicide into a yard to a point all the vegetation that was sprayed reeked and was dripping--and he told the police he may have "accidentally" misted when he was several feet away from the fence... when the police pointed out that the tree and shrubs are drenched all the way down to the ground (and not just above the fence), he just ushered the police off his property. that's the type of person he is. We are afraid of him. He's already poisoning our soil and shrubs, but we cannot have him tamper with our utility line.
We are thinking about speaking with neighbor#1, to offer to pay for a surveyor to mark the proper boundary, and allow us to install a new boundary fence just inside their property. We know that adverse possession does not apply here as both houses are occupied and taxes paid by each of the owners. we do not own the land in dispute, but have easement access right to install and maintain utility lines (as with 4 other families in our subdivision).
if the neighbor#1 says yes, go ahead, is it ok to notify neighbor#2, hire the surveyor and place the fence in the proper location? as it is, our utility line cris-crosses a fence over the easement. if we ever have to go back and fix things in an emergency, it would be a nightmare, not to mention having to live in constant fear that he may do something to the utility line without permanent structures on top of it... We asked the city and they don't care... (it's labeled as "public uility easement" but in reality it is only used by 4 private properties, and the city's right to run a fire hydrant line there.. so they don't really use it).
help...
Fences and Walls: Fence in the Wrong Place in an Easement
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