Legal Question in Real Estate Law in California

our historic house has had a fence between it since 1950's someone has purchased the vacant lot next to us and want to build on it, he says the property line is 6" past the fence on our side....he wants to rip it down and move the fence 6'' closer to our house can he leagally do that . and just a note the previous vacant lot owner had a double lot with a historic house on one lot ......he and our Grandma (who owned our historic house) decided with land serveyers where the fence should go back in the 50's

Asked on 12/12/12, 1:53 pm

2 Answers from Attorneys

Neal Rimer Neal M. Rimer, Esquire

You might want to contact the title company who wrote the title policy when you acquired title. Depending on the terms of that policy, you might be able to get them involved to assist with the issue of where the boundary is and whether your fence is over the line.

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Answered on 12/12/12, 1:57 pm

Anthony Roach Law Office of Anthony A. Roach

Absent a written agreement between the owners on where the boundaries are, ownership and responsibility of the fence is going to depend on where the boundary line actually is.

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Answered on 12/28/12, 1:15 pm

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