Legal Question in Real Estate Law in California

property line

my neighbor just built a fence on the surveyed property line with one inch to spare she says. I painted a small pumpkin and hung a scarecrow on 'my' side but she called the police who may cite me for vandalism. What can I legally do with my side of this fence?


Asked on 9/16/08, 10:09 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: property line

Your neighbor may be scary, but don't be spooked.

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Answered on 9/16/08, 10:47 pm
David Gibbs The Gibbs Law Firm, APC

Re: property line

I guess its Halloween time! If the fence is entirely on her property, then it is generally considered to be hers entirely. If the fence straddled the property line, it could arguably be a party-wall, but I can assume from your post that she paid for it which tends to run in her favor (the claim that its hers and not a party wall). I doubt the police would elect to get involved, but they could. Being conservative, I would suggest you undo what you have done and apologize. If the fence truly is on her property alone, you have technically defaced her property.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 9/17/08, 12:21 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: property line

The law in California on boundary fences is old, inappropriate for modern times, and vague on many relevant issues such as yours. I agree with Mr. Gibbs in general, but I'd also add that I hope (and expect)the police and D.A. in 91942 have better things to do than bring charges for this!

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Answered on 9/17/08, 2:56 pm


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