Can My Neighbors Legally Replace A Fence Between Our Properties If I Don’t Want It To Be Replaced?

by | Last updated on January 24, 2024

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In California, two people whose properties border each other are both required to maintain an existing fence between the properties, with only a few exceptions. In short,

each owner has to pay one-half of the cost of maintaining

or replacing the fence.

How do you change boundary lines?

If you and your neighbor have agreed where you both want the property boundaries to be, then you both can make a “lot line agreement,” also called a “

lot line adjustment agreement

.” These agreements are made official and binding by making and signing deeds that describe in detail the agreed upon property line.

Can property boundaries be changed?


Property lines are not carved in stone and may be changed through mutual agreement

. If, for example, the fence is too far in from your actual boundary — meaning a small piece of your property is actually on your neighbor’s side of the fence — it could cause problems when you try to sell your house.

How do I deal with neighbors encroaching on my property?

  1. Stay civil. …
  2. Hire a surveyor. …
  3. Check your community’s laws. …
  4. Try to reach a neighbor-to-neighbor agreement. …
  5. Use a mediator. …
  6. Have your attorney send a letter. …
  7. File a lawsuit.

Do all properties have boundary markers?


Many properties have hidden markers at the corners that

, if found, can help you follow your boundaries. When a survey is conducted, the surveyor will leave flags or stakes at the metal markers, which are typically buried or have a cap sticking out of the ground.

When a fence is damaged who is responsible for repairs?

Secondly, California law presumes that

both owners benefit equally from the boundary fence

, and therefore are equally responsible for the reasonable costs of construction and maintenance.

What are the 4 types of boundary disputes?

  • Lot line disputes.
  • Fence, landscaping, and outbuilding disputes.
  • Access disputes.
  • Adverse possession claims.

What can I do if my Neighbour damages my property?

Start by talking to your neighbour and asking them to check if their

insurance

will cover the damage. They will need to lodge a claim with their insurance provider. If you’re submitting a claim to your neighbour’s home insurance provider, you’ll need to prove that the damage was, in fact, their fault.

How do you fix encroachment problems?

  1. Have a Professional Land Survey Done. …
  2. Talk Things Out and Offer Concessions. …
  3. Seek Mediation or a Neutral Third Party. …
  4. If all else fails, hire a qualified real estate attorney.

How can I stop a property encroachment?

Talk to your neighbor: Your neighbor may be willing to move whatever is on your property over to theirs if it’s something like a garden or something else that can be easily moved.

Sell the land to your neighbor

: Another option would be to sell the land that’s being encroached upon by your neighbor to that neighbor.

Can I remove neighbors fence on my property?

If you can prove the neighbor installed the fence on your property without your permission,

the court should be able to issue an order forcing the fence

to be removed. … However, a fence that has been installed for that period of time should be more than adequate proof.

Can you see property lines on Google Earth?

You can view

parcel boundaries

, or view property lines in Google EarthTM and other GIS applications via a familiar map view format and quickly digest key location intelligence information.

Do I own the left or right fence?

The finished side should face toward your neighbor. Not only is this more polite, but it’s the standard. Your property will look a lot nicer with the “good” side facing the outside world. Otherwise, your fence will look like it was installed backward.

How Do You Know Whos fence is whose?

The best way to determine whether a fence is yours or not is by

examining where it falls on the property line

. If the fence is placed on your side of the property line between your house and your neighbor’s, the fence is yours.

How do you know if a fence is your responsibility?

The fence belongs entirely to your neighbor if it lies on their side of the property line. However, if the fence falls directly on the property line,

the responsibility is shared between you and your neighbor

.

David Martineau
Author
David Martineau
David is an interior designer and home improvement expert. With a degree in architecture, David has worked on various renovation projects and has written for several home and garden publications. David's expertise in decorating, renovation, and repair will help you create your dream home.