Legal Question in Real Estate Law in California

Re: Neighbor has tresspassed by moving his fence

If the cost of moving the fence back is within small claims jurisdiction, sue for tresspass in small claims court. Otherwise consult a lawyer.

Re: Neighbor has tresspassed by moving his fence

I would add to the previous answer that if there is any doubt whatsoever about where the property line really is, you should get a survey. With modern techniques, locating an urban property line isn't very expensive. Cases like this are won with good evidence. A survey could resolve questions in your favor. Also, take photos.

Before filing any suit, discuss the situation with the neighbor. This may result in a fast and cheap negotiated solution. If it doesn't, you'll at least find out what the neighbor's legal theories are, which can help in preparing your case.

Re: Neighbor has tresspassed by moving his fence

I have fought these and won. File suit and tie up their property. You will get damages. Call me.

Re: Neighbor has tresspassed by moving his fence

If the fence was moved to encroach on your property, the neighbor could be trying to obtain that portion of your property for himself by adverse possession (several requirements must be met for this, including the payment of taxes and the lapse of 5 years.)

He is probably unaware of the adverse possession area of law, so he is probably just seeing if he can get away with it and expand his property.

A letter from an attorney will likely resolve the issue. The neighbor would be crazy not to put the fence back if he is indeed trespassing.