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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31561
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Getting ready to buy a house in Van Nuys, CA. The Surveyors

Customer Question

getting ready to buy a house in Van Nuys, CA. The Surveyors mark on the curb indicates that their block wall with a chain link fence mounted on top of it over 10 feet tall is on my property or is on the center of the property line. What recourse do I have. My goal is to either have the wall removed completely or the chain link fence removed from the top of the fence and the fence repaired to code.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

The first thing you need to find out is how long the fence has been there......and whether the neighbor pays taxes on the area in question. IF so, it is possible that the property has been acquired by the neighbor under the laws of adverse possession.

Expert:  Roger replied 1 year ago.

If it has not been adversely possessed, you can ask the neighbor to move the fence or sue and have it removed if necessary.

Expert:  Roger replied 1 year ago.

Here's a good link about adverse possession: http://statelaws.findlaw.com/california-law/california-adverse-possession-laws.html

Expert:  Roger replied 1 year ago.

You could offer some compromise to the neighbor if you'd like to. But, if communications break down, you can always proceed with seeking a court order requiring the person to remove the fence.

Customer: replied 1 year ago.
my investigation shows the current owner bought the property in 2009 without adverse possession. The block as it is today was in it's current state prior to his ownership. Can we modify the fence since it sits on our property without his consent?
Expert:  Roger replied 1 year ago.

Your neighbor could have adversely possessed the property since the purchase in 2009 -- it only takes 5 years and payment of taxes.

Expert:  Roger replied 1 year ago.

So, you probably don't want to start tearing things down without a court order.

Expert:  Roger replied 1 year ago.

This should be something you can handle in small claims court.....which would be inexpensive and quick.

Expert:  Roger replied 1 year ago.

You're much better off to sue and get a court order giving you the authority to remove the fence as opposed to tearing it down and being sued for tearing up your neighbor's property.

Expert:  Roger replied 1 year ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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