Danville, CA asked in Land Use & Zoning and Real Estate Law for California

Q: How do I settle a property line dispute? The owner threatening to tear down my fence & move over

He says the land survey he had done that says the property line is anywhere from .5 ft to 3ft discrepancy. I lived here 21+ yrs & have always known my property line to be the My fence line. He’s not threatening the front half of fence says not need replaced - the entire fence is same for 25yrs. It’s because my fence edges my driveway for the first 30 + feet. He wants me to pay for it too. He had survey done by Comm’l surveyor who didn’t record a corner map & no longer works for co. In April I told him the land survey not recorded w/in 90 days as read per Law a month later a record of survey filed using ref’s that don’t exist. He was allowed to violate the side yard set back by ~ 1 foot. The owner bought the property in 2015.

1 Lawyer Answer
Thomas A. Grossman
Thomas A. Grossman
Answered
  • Real Estate Law Lawyer
  • Palm Springs, CA
  • Licensed in California

A: Your question is too complicated to answer without seeing all the documents and facts involved. I suggest you contact a local attorney near you for advice. Boundary disputes are often very expensive, and the outcome usually depends on the documents. Good Luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.