Legal Question in Construction Law in California

Re: block wall utilize

This situation should be resolved by negotiation rather than pointing to law books and citing law.

You are (perhaps, I don't know all the facts) somewhat vulnerable to a suit from this neighbor for adverse possession or prescriptive easement. You would probably win, but at a cost.

There is a California statute requiring neighbors' payment of 1/2 the cost to maintain the fences between them, but there is an exception for a neighbor who doesn't enclose his or her land (Civil Code section 841(2)); further, it is doubtful whether the term "fences" in the CC 841 context would include a six-foot concrete-block wall.

Re: block wall utilize

As Mr. Whipple said, once a neighbor encloses her property by using a common fence, she is obliged under the law to "refund to the other a just proportion of the value, at that time, of any division fence made by the latter."

I see block walls used as fences all the time, so I don't think that your neighbor could try to claim that the block wall is not a fence.

I also agree with Mr. Whipple that she might try to claim some sort of prescriptive easement, but she cannot claim an exclusive easement which is what it appears she has enjoyed for some time. It's hard to say whether a court would do a lot line adjustment and force her to pay or what??? There are a few possibilities.

You need to ask the question of whether you want to live with anger and resentment right next door to you. Is it worth it? Can you talk with your neighbor so the solution, whatever it might be, ends up with a bit more harmony? Think about your quality of life. Sometimes exercising every last ounce of your legal rights results in ruining your everyday life.

I don't see the sense in trying to demand that she remove the paint on her side of the fence that presently exists. I doubt that any court would endorse such a demand. Indeed, they would likely get angry at you for making such a demand, especially if the paint doesn't face you and if you have lived with it painted for some time. Plus, what does it matter if you're going to be tearing it down and putting up a new fence?

By the way, you may want to seek legal advice before tearing down the existing fence and putting up a new one on the actual property line. The considerations for doing this are too complex for the generalized information that is provided on this website.

Re: block wall utilize

Answers to your two questions:

1. What rights do I have when I put up a wall (by code) on my property? As long as the wall doesn't violate any codes, you likely have the right to erect it. There is no such thing as an exclusive prescriptive easement, so your neighbor will not be able to claim such. (Exclusive prescription implies fee ownership, which is not consistent with prescription.) In short, as long as you can establish that it is your property, you are likely entitled to erect the wall. As far as preventing her from "utilizing the wall in any way", you are likely out of luck. You cannot arbitrarily decide that you are going to erect a wall and then force her to pay for half of it or preclude her from using it. If it is determined to be a joint wall, you can likely later on down the line (years) force her to pay for upkeep and/or repair. But it is your choice to put up the wall.

2. Can I have her remove the paint from my wall? Why bother - don't waste time trying to force the removal of paint. If it turns out that the paint is on her side of the wall, it's not worth the time and effort.

Good luck.

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