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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42824
Experience:  Texas Attorney for 30 years dealing in real estate
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We've been involved in a property dispute with my neighbor

Customer Question

We've been involved in a property dispute with my neighbor for a couple of years now. She claims that our fence is within her property. She has called contractors multiple times to move the fence and we haven't allowed it. We have ask for her to provide us with proof (a surveyor report, etc) that we are within her property but she refuses to show us anything. I was told(by a lawyer from this website) that even if she has proof that we are within her property she would need to get a court order in order for us to move the fence and that if she tries to move the fence again that we should call the police on them for them trespassing. Well we did and when the police got there they allowed her to move the fence and said if we tried to stop it would be criminal.Now she is claiming that we owe her a lot of money for the surveyor report, loss of rents, time of work, having to pay the contractors when we refused to let them work on the fence, etc. Are we responsible for this?
We live in Los Angeles and have lived there for over 35 years. We are very confused with this whole process.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 9 months ago.

It would be determined by whether the fence was on the property line.If it was on the line she has not right to move it.If it was on her property then she is within her right to move it.You are not legally obligated for the survey or cost of it, and related time off, etc the neighbor hired it done.You are entitled to check and see if the survey shows where the true property line is.That determines where the fence legally can be located.

I appreciate the chance to help you today.Please let me know if you have more.Thanks again.

Customer: replied 9 months ago.
Just so I am clear, if she tries to bill us we can just ignore her because we aren't responsible? If she refuses to show us the survey report how can we check to see where the true property line is? We would have to get our own surveyor and then take her to court?
Expert:  Ray replied 9 months ago.

You can ignore the bills here, you would need to have your own survey here and then sue for removal to the legal boundary . I guess you have to decide if it is worth the cost to do so and then sue her for it.