tag:blogger.com,1999:blog-12825669.post115386186265672270..comments2023-11-27T12:28:10.659-08:00Comments on Trees and Land Use News: WHOSE FENCE IS IT?asixtiesgirlhttp://www.blogger.com/profile/14376492552011806001noreply@blogger.comBlogger55125tag:blogger.com,1999:blog-12825669.post-33880278492707939242016-06-15T10:01:18.442-07:002016-06-15T10:01:18.442-07:00Hi Kim S. You don't say where you live, but ...Hi Kim S. You don't say where you live, but I am only licensed to practice law in California. In any event, since it is a rental house, I'm not sure that you get to "own" improvements you make. You should get reimbursement from the property owner for the cost of the fence as you have improved their property. What does your lease say if anything about making physical improvements to the property? <br /><br />If this doesn't help, you might seek out a local lawyer to ask for advise. Good luck.<br />asixtiesgirlhttps://www.blogger.com/profile/14376492552011806001noreply@blogger.comtag:blogger.com,1999:blog-12825669.post-24960546682805058852016-06-15T09:52:23.516-07:002016-06-15T09:52:23.516-07:00I wanted to ask Dotty a question: I replaced the ...I wanted to ask Dotty a question: I replaced the fence on one side of my house in 2000 and added shorter fence to side walk in 2003. Just FYI I told fence company to put fence on my property (not line) but not sure if that really happened. I have hired a survey company to confirm. The owner would not share the cost of fence so I paid for it all and I have the receipts. The house was sold 4 years ago and the new owner (this house is a rental) ask me about a year ago if she could paint the fence red (yes....red) and I said "no" and explained that I paid for the fence and it was mine. She painted the fence red on Monday. I am willing to pay for legal advise. One of my other neighbors said I should take her to small claim court and have her replace the fence since she defaced my property. I am open to legal advise and suggestions.kim Snoreply@blogger.comtag:blogger.com,1999:blog-12825669.post-28642167787146636902014-08-20T15:19:41.987-07:002014-08-20T15:19:41.987-07:00It's not clear if you built the iron fence or ...It's not clear if you built the iron fence or they did. But your improvements to the their fence, and yes, IF it is on their property, it is their fence, they have been unjustly enriched, and I doubt they can get you to remove a fence better than their old fence. I hope you have pictures. But, before you do anything, get a survey of your own and have it recorded. Otherwise, it's all hearsay where the property line is.asixtiesgirlhttps://www.blogger.com/profile/14376492552011806001noreply@blogger.comtag:blogger.com,1999:blog-12825669.post-46163836524843104292014-08-20T15:14:13.165-07:002014-08-20T15:14:13.165-07:00Thanks for the response, Dotty,
Conflicting surv...Thanks for the response, Dotty, <br /><br />Conflicting surveys mean they had one survey done showing the start of the fence (post) was on top of the boundary marker, but also did a detail sketch showing the wood part was just inside the line on their side supporting their claim the entire fence is on their side.<br /><br />None of these surveys are recorded, they seem more informal, but the surveyor staked out where the line is, including under the post. We have no reason to believe the stakes are in the wrong spots as the survey company is very reputable.<br /><br />However, they're saying they built the wood fence inside their property line so they own it even though it forms part of the enclosure of my land. Their lawyer said it is not a dividing fence because it is not on the line. <br /><br />I guess my question really is that if the wood fence entirely is (even by an inch) on their side of the line does that mean they own it and we can't fix it even though it is an eyesore? Our property's previous owners have treated it as a shared fence for years, doesn't that count for anything? I don't think the law should be so rigid as to deny my legal rights on the basis of an inch.<br /><br />I wish I could say these people would be reasonable if presented with a cogent argument, but all indications are that they want to go to court (they're already demanding their legal fees!). They've rejected our offer to build a new fence on the line and they insist we remove the iron fence, which will cost a bunch of money. It's like they get off on it or have nothing better to do. <br /><br />Thanks.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12825669.post-30169542364028996932014-08-18T14:57:49.956-07:002014-08-18T14:57:49.956-07:00You said there are conflicting surveys regarding w...You said there are conflicting surveys regarding where the true property line is. Are these surveys both recorded? Have you had the property surveyed? That's the only way to know for sure. In any event, keep all documentation that you have tried to contact them about the fence, that you actually improved what was there, and then when you have a true survey, ask for the compromise. I doubt they can get anywhere in court, as you have improved on the fence, and the other part is on their property (It could be the former owner built it there, do you know who built it?). <br /><br />But without knowing more, seeing pictures, surveys, etc. I can't give you any more than general information on how to proceed.asixtiesgirlhttps://www.blogger.com/profile/14376492552011806001noreply@blogger.comtag:blogger.com,1999:blog-12825669.post-21838655030492276102014-08-18T14:50:46.762-07:002014-08-18T14:50:46.762-07:00Hi Dotty,
My wife and I just bought a new home i...Hi Dotty, <br /><br />My wife and I just bought a new home in a cul-de-sac in Southern California last year. Our house shares a long boundary with our neighbors who have lived there for a long time. The fence along our boundary consisted of two sections - one wood(about 75') and one iron (25') section that goes in a straight line until it takes a right turn near the left side of our driveway. The section on the right side of our driveway matches the iron fence to form sortof an entrance. Much of the wooden part was old and rotting and had fallen over so we replaced about 20 feet of it. Our attempts to contact the neighbors first were unsuccessful as they were apparently renting out the house but between tenants and they apparently did not find our note about fixing the fence. We had no other way to contact them.<br /><br />Anyway, after we replaced the 20 foot section, we get a letter from the neighbors' lawyer (a brother in law apparently) stating we destroyed their fence because it was on their property (they didn't even attempt to contact us to work it out before lawyering up!) Apparently, the new part of the fence is aesthetically unpleasing to them. We had assumed the fence was on the line. There seems to be some ambiguity as to whether the wooden part of fence is on the line or how close it is to the line (it could just be the first post) but the iron section is definitely on their side about 18" until it makes a right turn over the back to our side by the left side of our driveway. One survey says it is partially on the line but another survey might barely be on their side. I guess it sorta depends on your point of view. Either way, it's really close and the prior owners told us it was a shared fence. The rest of our property is enclosed with fencing.<br /><br />We are afraid of getting sued and want to compromise but the neighbor is taking it really personally and has some sort of vendetta against us. I think we both have a responsibility to maintain the fence, but the neighbor thinks we are trespassers even though we replaced the fallen down portion with something nicer than what was there and didn't ask for a dime from them. They're also claiming the iron fence is an encroachment and want it removed. I thought it is all part of the same fence. They don't want to move or put up a new fence on the line and it would cost way too much to move the iron part as there are trees more or less on the line where they would be. <br /><br />seems our best defense is that we both have a duty to maintain the fence, but the neighbor says that law doesn't apply because it's their fence. what do we do?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12825669.post-70750805529083758132014-07-01T12:46:35.116-07:002014-07-01T12:46:35.116-07:00You will have to get your own prominent attorney, ...You will have to get your own prominent attorney, I guess.<br /><br />Serioulsy, I'm not sure why this is a problem for you. If, in removing the tree, he damages your property, he or his insurance, will be responsible.<br /><br />asixtiesgirlhttps://www.blogger.com/profile/14376492552011806001noreply@blogger.comtag:blogger.com,1999:blog-12825669.post-13311052231575005672014-06-30T21:14:49.797-07:002014-06-30T21:14:49.797-07:00A neighbor's tree was planted extremely close ...A neighbor's tree was planted extremely close to our shared fence. Over the years, it has grown very large, shading about a quarter of my yard. I don't mind the shading, but the trunk and roots have destroyed a section of the fence, and the roots are tearing up about 10 feet of my garden border and lawn. The neighbor, who is trying to sell his house, is refusing to be reasonable. He claims he will cut down the tree and repair the fence. Cutting the tree down is not a simple process. I have asked to be advised of when he plans to do it and who will be doing it, since it will impact my property. All I get is "Do you want the tree cut down or not." He is apparently taking no action. Since his house is up for sale, is there something I can do to advise potential buyers that he is not disclosing this issue? I talked to his realtor, but she refuses to talk to me about it. I am in Southern California, and, unfortunately, my neighbor is a prominent attorney.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12825669.post-44902886690749388872014-06-27T16:28:24.128-07:002014-06-27T16:28:24.128-07:00Why would you want to since he saved you the troub...Why would you want to since he saved you the trouble and cost of putting one up? I'd say live with it, and try to get along. <br /><br />PS. Have you asked him to repay you? This may be his way of doing it. <br />asixtiesgirlhttps://www.blogger.com/profile/14376492552011806001noreply@blogger.comtag:blogger.com,1999:blog-12825669.post-40494285087151531302014-06-27T16:17:30.610-07:002014-06-27T16:17:30.610-07:00A neighbor and I for a property I own had a verbal...A neighbor and I for a property I own had a verbal agreement to build a block wall dividing the two properties (6 feet from set-back to property rear and 4 foot with columns in front yard to set-back). In order to assist him, I paid the full amount up front and allowed him to make monthly payments for his share. However, he only paid up to 1/3 or his share and then refused to pay the rest. <br /><br />Unfortunately, I waited too long as I attempted to sue him in small claims. The Statue of Limitations only allows recovery of costs on verbal agreements up to 2 years from date of breach. I missed it by 11 months. So judge ruled for the defendant due to Statute. <br /><br />The neighbor added is own personal décor wooden fence between the columns on the wall dividing the front yards of our properties. This matches the color (dark brown) for the remaining fence that surrounds his property. <br /><br />Considering the ruling of the judge to not allowing me to recuperate my losses, do I have a right to tear down his décor and add my own décor? I'd like the décor to match my metal gates (white). <br /><br />If not, what steps would I need to take in order to get a favorable ruling. <br /><br />This is in Los Angeles County. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12825669.post-30128576479567559132014-04-19T13:06:03.370-07:002014-04-19T13:06:03.370-07:00We are in San Diego. We just purchased a home and...We are in San Diego. We just purchased a home and there is a newer fence that was installed by the previous owner and neighbor that cross the back of our property. <br />My husband went over to introduce himself, politely, and told then he wants to stain our side of the fence to protect the wood and match it to our side fences. <br />The neighbor is upset and says we can't do that. They want the wood to 'age naturally' and are insisting that if we stain our side it will 'warp their fence.'<br />It is a common boundary fence and I am upset that they think they have rights to tell us if we can match our backyard fences with staining. It seems, to me, that this is not in their power. Is it?<br />We are not asking them to do anything on their side. They are free to do what they like on their property. Carrie Nhttps://www.blogger.com/profile/09918479391069737399noreply@blogger.comtag:blogger.com,1999:blog-12825669.post-60136695169681549292014-02-25T15:35:31.533-08:002014-02-25T15:35:31.533-08:00Hi I'm in Sunnyvale, California. My neighbor ...Hi I'm in Sunnyvale, California. My neighbor and I share a dividing fence, where a portion of it (around 25') extends past his side gate, then encloses off my property. We want to replace the entire fence dividing our property, but he argues that he's not responsible for the portion past his gate. Is that true?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12825669.post-80153108731902680422013-10-02T15:15:43.638-07:002013-10-02T15:15:43.638-07:00i bought a house with a brick wall damage then for...i bought a house with a brick wall damage then for few month neighbors buy the house next to me now they paint there house with the wall brick but didnt fixed and the brick is damage almost falling the wallbrick is dividing us and when they paint the wallbrick i say that they paint a part of my because they paint were my front gate is holding the door of my entranceAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-12825669.post-47678685390162720372013-06-24T15:22:59.194-07:002013-06-24T15:22:59.194-07:00Thank you for posting on Land Use News. If the fe...Thank you for posting on Land Use News. If the fence is truly on the property line, it is the responsibility of both parties to maintain any fence; I would say that extends to building any fence. Both parties must agree, and he cannot come onto your property without permission to erect a fence that is truly on the property line.<br /><br />Do you have a survey? If so, you need to show him that he has trespassed and that you have a right to be consulted. But if you don't have a survey, that's the first thing you need. It may be the property line is not where you think it is. Without an accurate survey, you will have a hard time proceeding. If you have the survey, I'd first try reasoning with him him, then you may have to try court action to get the fence removed. Once it is up, however, this is going to be much more difficult, so I'd seek a compromise, have him take down the part that blocks your view and repaint your side as you wish, at least. Perhaps he would agree to mediation.asixtiesgirlhttps://www.blogger.com/profile/14376492552011806001noreply@blogger.comtag:blogger.com,1999:blog-12825669.post-86179716286722451722013-06-24T14:45:27.431-07:002013-06-24T14:45:27.431-07:00Hi Dotty,
We live in a relatively new (8 years ol...Hi Dotty,<br /><br />We live in a relatively new (8 years old) community in Northern California and are having an issue with a fence a neighbor just put up. We came home one day to find a 6 foot wood fence in our side front yard which separates our two front porches and extends out towards the street approximately two feet past the front of our garage door. The fence connects to the existing backyard fence and extends straight out towards the street so it appears that it is right on the property line, as it extends in a straight line from our existing fence. The concrete used for the posts spills over approximately 6 inches onto our property. <br /><br />The neighbor never talked to us about this fence and never requested access to our property. Not only is this an eyesore (that's the first thing we see when we look out our front window) but is also a safety concern as when we are on our front porch watching our children play, we are completely unable to see cars coming down the street. We decided that we would try and just live with it, and stain our side to match our existing backyard fence. We came home from vacation to see the entire fence, including our side had been painted to match the other neighbors house. The neighbor again trespassed onto our property to paint and also moved several items we had on our side next to the fence to try and improve the aesthetics. We now cant even stain the fence as we had planned because it's been painted. We called our local code enforcement (yuba county) and they said the only thing they can do is to have the neighbor take down the two foot section that extends past our driveway. Do we have any other recourse, especially considering the safety aspect? Anonymoushttps://www.blogger.com/profile/10296670065039853010noreply@blogger.comtag:blogger.com,1999:blog-12825669.post-64276321851136942122013-06-12T08:16:20.578-07:002013-06-12T08:16:20.578-07:00It could grow into a joint tree. If the fence is t...It could grow into a joint tree. If the fence is truly on the property line. Get a survey first; then consult a local land use attorney. An unwanted touching can be considered a battery. If it happens again, call the police. From all you say, and without knowing more, having seen your situation, he sounds volatile, so I'd call a lawyer, and get that survey, unless you have one, asap.asixtiesgirlhttps://www.blogger.com/profile/14376492552011806001noreply@blogger.comtag:blogger.com,1999:blog-12825669.post-10430697983162712882013-06-11T14:55:16.668-07:002013-06-11T14:55:16.668-07:00trying to work it out has led to the neighbor putt...trying to work it out has led to the neighbor putting his hand on me in an unwanted/threatening way.<br /><br />for a tree just touching the property line it is not considered a joint tree?<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12825669.post-64989322975971358602013-06-10T17:11:08.531-07:002013-06-10T17:11:08.531-07:00I am located in Palo Alto, CA.
The tree is plante...I am located in Palo Alto, CA.<br /><br />The tree is planted in the neighbors yard, the trunk girth is beginning to cross the property, probably less than 5% It is approximately 28" from my garage wall/foundation.<br /><br />He is building the fence with a cutout to accommodate the root ball at the base of the tree, which is going to allow for animals, and wild animals to get through. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12825669.post-61038372705265287262013-06-10T10:21:43.343-07:002013-06-10T10:21:43.343-07:00You do not say where you are located, and I am onl...You do not say where you are located, and I am only licensed to practice law in California, but generally, the rule is if the fence is on the property line, it must be shared by both, and any repairs done by both parties. It sounds as if these palm roots may be growing into your yard, if that is the case, you may want to prevent that. But be careful not to damage his tree, if you take any action. Have a consulting arborist look at it first. Also, if the tree is growing on both sides of the property line, that is the trunk comes out of the ground on the line itself, you have a joint line tree as well. You would do well to get a survey and consult a local land use attorney as to your rights and responsibilities. <br /><br />I'm not sure what kind of gap is in the fence, but you might want to see if you can just talk it over with the neighbor, especially if it somehow affects your use of the property, like dogs getting out or in, before actually going to an attorney.<br /><br />Good luck..<br /><br />asixtiesgirlhttps://www.blogger.com/profile/14376492552011806001noreply@blogger.comtag:blogger.com,1999:blog-12825669.post-91926036762675991222013-06-09T22:11:35.136-07:002013-06-09T22:11:35.136-07:00My neighbor had a section of fence replaced. It w...My neighbor had a section of fence replaced. It was damaged by his palm tree that is growing in the fence line. he had a large gap left to accommodate the tree's root growth. when I boarded up the opening, he yelled at me, became verbally abusive. I do not want a large opening at the base of the tree, I do not want an opening between our two properties. what are my rights?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12825669.post-72982641356843121552013-04-29T16:14:52.605-07:002013-04-29T16:14:52.605-07:00Your problem is not with the fence but with the so...Your problem is not with the fence but with the son, if he is as you describe. He could be dangerous and a lattice top will not be effective against him.<br /><br />You need to talk to an attorney about a restraining order, whether this is advisable in your situation. <br /><br />You may have a self-help clinic in your county and I would start there.<br /><br />Good luck.asixtiesgirlhttps://www.blogger.com/profile/14376492552011806001noreply@blogger.comtag:blogger.com,1999:blog-12825669.post-58362407604494691232013-04-29T15:53:15.269-07:002013-04-29T15:53:15.269-07:00I live in California (Stanislaus County). My home...I live in California (Stanislaus County). My home is approximately 8 ft. from my neighbor's home. We have a shared fence between us.<br /><br />Lately, it has come to my attention that the homeowner's adult son (lives with her) likes to lurk about on his side of the fence listening in our bedroom and bathroom windows. I would like to discourage this practice by adding a foot of lattice to the top of our 7 ft fence, then covering my side with outdoor fence mesh. <br /><br />Background: I paid for our shared fence. (Old fence was 20+ years old, rotten, and falling apart.) The neighbor refused to pay towards replacing the fence. I sued her in small claims court and lost. The commissioner said I could not use California Civil Code Section 841 to force her to pay towards replacing a fence she did not want to replace. (We went to court in October 2012).<br /><br />Her son is creepy and weird. He likes to poison animals (has poisoned 2 of mine as well as other neighborhood pets). I did call the police about this, but of course I could not prove he was the person who sprayed pesticide directly into my pets' face, even though he had threatened to do so, because I did not see it happen. So there were no charges. Both pets had emergency trips to the vet, one died and the other recovered.<br /><br />He causes problems with all of his immediate neighbors, it is not just me.<br /><br />My question is: do I need the other homeowner's permission to add lattice to the top of our shared fence? I know she will not give permission. She is completely uncooperative and hostile.<br /><br />In the past, before I paid to replace the old fence, my adult nephew added 2 x 4s to the old fence, in an attempt to brace it up. The neighbor's son ripped out the braces and threw them into my yard. <br /><br />My second question is: assuming I do add lattice, and assuming the son destroys it and throws it into my yard, do I have a legitimate complaint? Would he be within his rights to do so?Petunia 100http://petunia100.savingadvice.comnoreply@blogger.comtag:blogger.com,1999:blog-12825669.post-42003590937455529162013-03-24T15:01:51.232-07:002013-03-24T15:01:51.232-07:00Are you certain the fence is on the property line?...Are you certain the fence is on the property line? That needs to be determined first; then explain to the neighbor that he is responsible for half the upkeep. Show pictures of the rot and sinkage. Does he look over the fence? What is the height limitation for fences in your area. Six feet is common. <br /><br />Ask him to mediate with a local mediation service, but I wouldn't spend more on getting him to comply than it would cost you to simply fix the fence yourself.asixtiesgirlhttps://www.blogger.com/profile/14376492552011806001noreply@blogger.comtag:blogger.com,1999:blog-12825669.post-76191737310078182102013-03-24T10:52:33.460-07:002013-03-24T10:52:33.460-07:00The shared fence in our backyard has sunk into the...The shared fence in our backyard has sunk into the ground and now stands 5ft 4in tall. Our neighbor is over 6 ft and can easily see into our home. The fence is rotted on the bottom, boards are warped and loose and now the neighbors dog has chewed a hole in the fence. They are refusing to pay half of the fence replacement cost saying their side is not rotted or sunk. Is there anything we can do? I live in Ventura County, Ca.M.S.https://www.blogger.com/profile/05968869422816348612noreply@blogger.comtag:blogger.com,1999:blog-12825669.post-66464230112344768432012-07-30T10:06:44.817-07:002012-07-30T10:06:44.817-07:00First you need to know where your property line is...First you need to know where your property line is. If the fence is right on it, it is considered a property line fence and jointly controlled by both parties. If it's on your property, they have trespassed. <br /><br />I'd speak to them first before resorting to tougher action. But know where the property line is. Also if there are ccr's at play, they may determine what can be done with fences and other color schemes.asixtiesgirlhttps://www.blogger.com/profile/14376492552011806001noreply@blogger.com