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Recent Boundary Dispute questions

This is a land boundary dispute question in Marin County,

This is a land boundary dispute question in Marin County, CA. In 2000, my wife purchased a house with an illegal second unit in an area zoned to allow a duplex. During repairs in 2000-2001, our neighbors complained and we were red-tagged. As part of converting the home to a legal duplex, the city required us to show two off-street parking spaces on our land, excluding an easement area along a shared driveway. We paid a surveyor to show this, but our neighbors disputed our survey, and paid another surveyor to claim that the boundary was actually ~10 inches off based on a set of private survey markers that we were not aware of. The city then rejected our permits based on this dispute, and we had to go to significant expense to acquire land on the other side of the property to show the required parking spaces, since the neighbors that complained would not negotiate.In 2006, the neighbors that complained began work to rebuild stairs leading to the rear of their house that are partially on their land, partially within the disputed area, and partially on our land. We complained to the city, and the stairs were red tagged. The neighbors then then stopped work and removed the red tag.Sometime within the last 6-12 months, the neighbors performed work within the boundary area to fix the stairs (without getting a permit), and also received a permit from the city to perform other work on the house side. The disputed area is relatively small, but is in a close area where the houses are not far apart and where both houses have access paths with stairs to second stories and terraced back-yards against a hill. The city is stating now that this is a civil matter and they will take no action, but back when we were red-tagged, the city took the position that we would have to remove any work done without permits.We are familiar with the process of quieting title to the disputed area, but we are wondering if we have any recourse against the city for allowing the neighbors to do work both inside and outside the disputed area following a red-tag?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,550 satisfied customers
I am in escrow on a home in beverlywood section of Los

I am in escrow on a home in beverlywood section of Los Angeles, an hoa, and I noticed my neighbor within the past year has put up a fence, which is attached to my garage. I just bought a new 4 door sedan, and there is no way to get my car down the driveway to my garage because her fence is so tight to my driveway and garage. Do I need to get a survey? The hoa does not answer the phone and we don't have the appraisers report yet. What steps do I need to do to prove her fence is over my property line and get her to move the wood fence?

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RealEstateAnswer

Juris Doctor

35,958 satisfied customers
My mother's house is in escrow. I was her project manager on

Hello. My mother's house is in escrow. I was her project manager on the remodel for the resale. Because of a dilapidated fence, she experienced problems with her neighbor over the property line and code compliance. The neighbor was very aggressive, gang-connected, and complained about her code enforcement complaint causing her to remove the fence which animal control deemed unsafe for containing his pit bull. So the City chickened-out and decided to retract the complaint. My mother saw it as the only way to keep it out of the Court system. So, the Gang Unit came into the picture and brokered a deal between her and Code Enforcement, that the City would re-issue the code enforcement complaint if she were to buy a new updated boundary survey with the fence located within the property. She did this and the City quickly re-issued her code enforcement complaint. This angered the neighbor because he figured he and his family had stopped my mother's fence takedown and demanded that she replace the fence with a new one. The neighbor figured she owed him another fence, even though it wasn't his. Since my mother did not need a fence, didn't have dogs, nor a pool nor could afford a new one, she opted to instead install a cement strip inside her property line with a transparent ranch fence approved by the City. This really angered the neighbor. His daughter became involved. She is very aggressive, like her father, passive-aggressive in their tactics. For two years, the daughter and her father tethered by trolly system and leash, their pit bull, who was already known for getting loose by Animal Control. Somehow, they were allowed to avoid installing their own solid 6-foot fence. They held out for two years, until the last time the pit bull got loose. I called the police to report it trespassing into our property and active aggressively. That caused the neighbor and his daughter to install their pitbull containment fence. She was so angry, partially because her false reports to the authorities a bout us led to her having felony Welfare Fraud & Perjury charges against her, that she decided to file a false restraining order against me, specifically. This was an effort to stop me from being able to continue helping my mother complete her home remodel and code enforcement compliance. She was able to get a conduct order, but the stay away and no-contact order was cancelled, perhaps to allow for mediation between neighbors. I do not live there, but I had to be there to help my mother. I was running everything as my mother appointed me the one in-charge. This girl was trying to usurp my position. I was also an investor in the project along with my mother and another investor. I suffered through this while fighting breast cancer, raising my young child, testing my marriage, and dealing with workers who were communicated with and manipulated by the girl and her family with their sob stories. The question I have is that now that the house is in escrow, do I need to reveal to the buyer our experience with my mother's neighbor? I am not the homeowner. My mother is. There IS an elder abuse complaint that we filed against the neighbor for how she has been harming my mother and the property, and how she tried to stop me in order to harm my mother. The girl also controls my mother's property. My mother had to be moved out of there. The house had been burglarized, my mother's car stolen, the house sabotaged, and threats from the girl and third parties. There is a high risk of sabotage through the end of escrow. Since this girl's beef is with us (Her father passed away last September, leaving her brother as the sole owner, and he is not friendly or helpful about this either), but more specifically, on paper, with me rather than my mother, again on paper. How much do we need to disclose about the potential for trouble from this girl for the new buyer? The buyer seems to only care if there is a boundary dispute, which there is not, because we took care of it with the boundary survey and by installing a mow strip and fence on the footing. Rather, how much does a seller have to reveal to the buyer about a conflict or problem they have experienced with a disturbed neighbor? The good thing about the Judge issuing the personal conduct order against me is that my mother and the Realtor can retort that the Judge blamed me for the girl-next-door's upsets, so any conflict that arises between the buyer and the girl are their own.

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Gerald-Esquire

Juris Doctor

7,104 satisfied customers
I recently bought a house and it was listed as .90 acres(the

I recently bought a house and it was listed as .90 acres(the parcel the house is on and an outlot behind us) the city is now saying the outlot was never part of the deed and was a mistake going back years, yet the outlot was listed on our initial appraisel and is listed on our tax bill...so we are paying taxes on it. What are my options to keep the outlot which was supposed to be part of the property?

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39,598 satisfied customers
I just purchased a property. The survey shows the fence line

I just purchased a property. The survey shows the fence line in my property 12 feet. A pool was constructed in the utility zone on the other property. Can I rebuild the fence in the correct placement?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,550 satisfied customers
My neighbor has been bullying me ever since he bought the house

My neighbor has been bullying me ever since he bought the house next door. I filed several police reports and nothing helped. Recently,he accused me of killing his plants when I used my weed killer spray. I always sprayed near the border of my property to kill the weeds. Now, he planted some plants right near the border and some of them died and wants someone to blame. So, he installed cameras and put signs on the border saying do not spray. I do not want to be a wimp and not spray my own area. What do you suggest I should do short of going to court?

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Attyadvisor

Doctoral Degree

8,528 satisfied customers
We have been living same property years. Last year a

We have been living same property for 45 years. Last year a survey was done to the property next door. The survey people knocked on our door informed us that part of our blacktop driveway was on the other property, by approximately three feet.Nothing is been done, no letter, or problems, however my question is since I have been maintaining this for many years,can they demand their property? No fights, however I'm very worried that it will cost me major money to redesign my driveway.

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Lucy, Esq.

Juris Doctor

33,546 satisfied customers
Representing a client (seller) whose deed includes language

Representing a client (seller) whose deed includes language re: a "potential" 30-ft boundary dispute with the northern neighbor (similar language not in neighbor's deed). Unable to get neighbor to agree to boundary line agreement, so now buyer's attorney's requesting that seller give deed omitting the "potential boundary dispute" language. Not comfortable with this.

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Dimitry Esquire

Attorney at Law

Doctoral Degree

46,550 satisfied customers
I purchased a home four months ago and after about two months

I purchased a home four months ago and after about two months they started construction of apartments next door, I would have never purchased this house if I knew about the apartments going in. Now I have a two story apartment looking down at my back yard. Should this of been reveled in the disclosure of the seller? Talking to my new neighbors, the apartments were the reason they sold the house. My wife and I are sick about this and need to know what options if any we have.

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Seattle Scott

Private practice attorney

1,814 satisfied customers
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