Rancho Santa Fe, CA asked in Real Estate Law and Land Use & Zoning for California

Q: How can we acquire a strip of yard from our neighbor?

We just bought a home that is fenced on two sides. We want to add about 5 ft on one side to fence in the whole front yard. The neighbor on that side is saying the 4'x 20' strip of grass on OUR SIDE of the fence (that is old and already there) is part of her yard and she will not approve our additional fence to be built. The plat map clearly shows that the actual property line goes through the middle of our driveway! So according to that, yes it is her strip of grass. What we don't understand is how it is just now an issue? The bushes we cut out (her bushes according to her) were very large and matched the other large bushes in our backyard...indicating they were put there a long time ago by the person we bought the house from. So, what can we do here? She is incredibly unreasonable and hostile at this point.

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • Real Estate Law Lawyer
  • New York, NY
  • Licensed in California

A: If there is an easement, that would help. Or you can offer to buy an easement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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