Legal Question in Landlord & Tenant Law in California

Hi - there has been a common fence up for at least over 50 years between my rental house and a neighbors.

The new neighbor has just replaced the fence today over on my side saying that is the accurate property line. Unfortunately, this makes the tenant's driveway so narrow it's difficult to back out or into.

Do i have any legal rights if the fencing has been up in that location until today 8/19/2017.

Thank you,


Asked on 8/19/17, 10:02 am

1 Answer from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

I have fought that exact case before and won. Contact me immediately so that we can protect your rights, place a lis pendens on the property, and get the matter resolved as soon as possible. Tel: 310.266.4115

(I am also a real estate broker in addition to being a real estate attorney).

In the similar case that I fought and won in Hawthorne, a fence had been in place between two properties for 20 years without incident. One property was sold and the new owner conducted a survey after taking possession, thereby discovering that the fence was in variance according to the county recorder and the formal survey -- i.e., the fence was too far over onto "his property" by about 6 inches. He happened to be a contractor and a few days later in quick fashion and without giving anyone notice, he cut down the fence, cut away some of the driveway, and then erected a new fence on the line provided by the survey. From my client's point of view, the new neighbor had just cut away part of his driveway and moved the fence a half a foot onto his property.

We sued for quiet title and for order/judgment that there had been an easement created mandating that the fence be moved back to its original location and the driveway repaired - our strongest easement theory was adverse possession.

I am confident I can help you with this matter and your further contact is invited.

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Answered on 8/20/17, 1:05 am

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