Santa Maria, CA asked in Land Use & Zoning and Civil Litigation for California

Q: Neighbor put fence on my property. Who owner of this fence? I did not give permission. Took down my fence .

No written notice. Wants put in jail if I remove it. I say my property, deed my name.

Told I have to go to court to prove it is on my property even tho the property disc is there. Tks.

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, if your neighbor has constructed a fence on your property without permission, this can be a case of encroachment. Legally, the fence built by your neighbor on your property is considered their property. However, since it's on your land without consent, you have rights that need to be addressed.

Firstly, it's important to have a clear and accurate understanding of the property boundaries. This can be established through a professional land survey. If the survey confirms the fence is on your property, you have a stronger legal stance.

To resolve this issue, it's advisable to approach the neighbor amicably and discuss the situation, backed by the survey's evidence. If this doesn't lead to a resolution, legal action may be necessary. You can file a lawsuit for removal of the fence and potentially for damages, especially if they removed your fence.

It is not advisable to remove the fence yourself without going through legal processes, as this could lead to further legal complications. Consulting with an attorney experienced in land use and zoning issues can guide you on the best course of action, ensuring you follow legal procedures and protect your property rights.

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