Legal Question in Real Estate Law in California
Property Line Issue
My neighbor put up a lattice, and in doing so, he made sure the wood lumber was on my mom's side of the brick wall. He drilled holes into the brick wall so he could install bolts to secure the long vertical wood pieces that held up the lattice. There are bolts sticking out everywhere. He made sure the eyesore was on my mom's side of the brick wall. We called him to tell him we want it taken down. He told us that the property line is not where the brick wall is but a little further back. I know that we need to get our place surveyed to see if he's telling the truth. I just want to make sure we are doing the right things. Who do we go to to get our place surveyed? What else should we do. The reason why he had this done is b/c he runs a daycare center at his home and wanted to increase the height of the wall so the kids could not throw the balls over the fence.
2 Answers from Attorneys
Re: Property Line Issue
Make sure to get a licensed surveyor. Get recommendations from local realtors or other neighbors. Once you determine where the property line is, you should notify the neighbor in writing -- certified return receipt letter -- of the encroachment (assuming there is one), and give him a reasonable time to remove. If he doesn't remove or if you can't agree on some way to remedy it, you might have other rights regarding materials that are on your property. Write again at that time.
Re: Property Line Issue
Under California's fence laws, courts won't get involved in esthetic questions. So long as the fence is less than ten feet tall, and is on the neighbor's property, your chances of getting any useful help from a court of law are next to nil.
If the fence is "over the line" or more than ten feet tall, that's another matter. In the first case, it would be a trespass; in the latter, a private nuisance.
Is the day care center licensed, and does that use comply with zoning?
If you can't get a reference for a surveyor, use the Yellow Pages. Confirm license and ask for references. No harm in getting two or three bids.
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