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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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My city is making my fence be 25 feet off my own property

Customer Question

my city is making my fence be 25 feet off my own property line?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
I am sorry to learn of this.
The City can do this by one of 3 ways:
1) It can be an easement - this is something that is going to be in your deed, so you will want to check your title documents (if you don't have a recent title report, order one from a title company and look specifically for government or property line easements).
2) It can be under a "set back" ordinance or code - this is going to be set out by statute or code and will apply to all property owners. You can sometimes find these online (but many local municipal codes require you to actually go to your city or county government building or local law library to find the code sections. If you received a notice requiring you to move the fence, they should have referenced this section.
3) It can be under "eminent domain" - to do this, they must pay you fair market value for the portion of the property that they are exercising the easement right over (even if you retain ownership, moving the fence line creates a reduction in value - this would be creating an easement by eminent domain, and you would be entitled to compensation). Usually this is done by negotiations, but it can be done through court action.

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