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Getting ready to buy a house in Van Nuys, CA. The Surveyors…

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getting ready to buy a...
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: 2 years ago.Category: Real Estate Law
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Answered in 4 minutes by:
2/13/2016
Real Estate Lawyer: Roger, Lawyer replied 2 years ago
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,954
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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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.

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Real Estate Lawyer: Roger, Lawyer replied 2 years 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.

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Real Estate Lawyer: Roger, Lawyer replied 2 years ago

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

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Real Estate Lawyer: Roger, Lawyer replied 2 years 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.

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Customer reply replied 2 years 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?
Real Estate Lawyer: Roger, Lawyer replied 2 years ago

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

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Real Estate Lawyer: Roger, Lawyer replied 2 years ago

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

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Real Estate Lawyer: Roger, Lawyer replied 2 years ago

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

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Real Estate Lawyer: Roger, Lawyer replied 2 years 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.

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Real Estate Lawyer: Roger, Lawyer replied 2 years 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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