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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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We paid extra money bigger lot upon which we had our house

Customer Question

We paid extra money for a bigger lot upon which we had our house built. There was a fence already built spanning the back of our lot. After moving in we submitted plans to the builders for a privacy fence we wanted to have installed. They approvedthe layout and told us to bring our fence to the existing one. Now that they have decided to build a house on the lot behind us they realized theor contractor put their part of the fence in the wrong place. The builders now want to move their fence back 13 - 15 feet cutting into our backyard. We have emails and plan approvals from the HOA telling us to run our fence to theirs. What rights do we have to refuse their request to move the fence? We've been living here for 4 months. Do we have rights to be compensated?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

The issue is not the fenceline, but the lot lines.

Your builder (I assume this is a brand new subdivision) should have a surveyor that did all of the lots. They should have the lot lines for your specific lot (which are also included on your deed).

If you cannot locate your builder's surveyor, you can easily retain a local surveyor to do a residential lot survey based on the deed and county records.

Once you have identified the proper lot lines you will be able to move forward appropriately:


  • a) The fence you built is in the proper place, and you do not have to do anything. (The neighbor is stuck with their yard the way it is).
  • or
  • b) The neighbor's claim is correct, and you need to move your fence line. In which case you have a claim against the builder (this is one of the very few cases where you can sue a seller (again, I am assuming you purchased directly from the builder/developer who represented the fenceline as the property line), and recover money damages for the difference in value between the property's reduced value as well as the cost of reconfiguring the yard.