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Ask CalAttorney2 Your Own Question
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have own my property since the developer built it in 2004.

Customer Question

I have own my property since the developer built it in 2004. In 2005 I had a mini-barn placed at the back of my property. I added addition to the back side of it. two years ago the person who owns property behind me told me the addition to mini-barn was incroaching on his property. There has never been a corner survey done on any property and I have maintained the portion of land he says belongs to him since 2004. I asked him to show me proof of his claim and "he" put a steal fence post in the ground and called that the property line. Three days ago I recieved a letter from the county stating I was in violation of set back zoning ordinance. I have talked to three differant surveyiors all of which have looked at property in question on web site GIF I believe that was what they called it. All of which said that this web site does not show true lines of property. However, that is what County Plan Commissioner uses to determine what is what. My question is three fold. 1). On this web site it shows severial property sites that are in violation of so called set-back ordinance on the same nieghborhood. All of which are zoned agriculturial. Would this be discrimatory on the part of county to inforce this on me and not my nieghbors all alone said property line in question? 2). Since I have had this in place for over 10 years and have maintained property since 2004 would I not be grandfathered? Since there is no corner survey done how can county determine from which line I should set mini-barn back from and who would be responsible for providing proof of property line?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
Dear Customer, you can't go off of a web site image. You need to pay a surveyor to actually come out to your property and do a formal survey (many surveyors do try to save their clients some money by doing some preliminary investigation and research first - but this is not the same as doing a property survey on the ground).You need to find out where your property line is before you are able to reach the answer to the other questions.Regarding your set back - the County ordinance is going to be enforceable (even if the County is not enforcing them against other owners) - this is unlike private set backs found in HOAs or Common Interest Developments - however, I would contact your local legislator (county board member) to see if they are willing to step in and assist you (once again, get your property surveyed first to see what the actual property line is).If your fence is in fact encroaching on your neighbor's property, it is not "grandfathered" in (the other thing that many people look into is "adverse possession" - which does not work as you also must show that you have been paying the property taxes in addition to exercising sole and exclusive possession of the property - so adverse possession very rarely works in practice). If you do find that your fence is over your neighbor's line, you will need to either come up with a resolution with your neighbor, or relocate your fence so that you are not encroaching.

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