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I had a survey done to find my neighbors fence on my

Customer Question
I had a survey...

I had a survey done to find my neighbors fence on my property. I notified her and eventually after she refused to talk to me st all took about 40 percent of the fence down. She has lawyer threatening to file in court if I don't replace the fence exactly where she placed it on my property in weaverville ca.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I talked to her lawyer by e-mail for four months string to offer ways to leave her fence provided that she sign a letter about her fence on my property to avoid adverse possession also offered to amend the survey but my neighbor is hard to deal with. Her later said a letter I signed giving my neighbor permission to use my driveway to place her fence as she saw fit but of course by law gave her license to place the fence as she saw fit- on my property.

Lawyer's Assistant: Have you talked to a CA lawyer about this?

Not as yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Originally the neighbor said her surveyor piloted the fence in question but her placed no legal pins nor did he record with the jurisdiction. I have legal pins and record of survey. They dropped the survey challenge after I gave them four months to contest my survey befor I tore down any more fence on my property that she placed. Their claim is I gave license to place the fence on my property per superior court ruling from 1950

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 2 hours by:
5/20/2018
Real Estate Lawyer: N Cal Attorney, Lawyer replied 2 months ago
N Cal Attorney
Category: Real Estate Law
Satisfied Customers: 9,890
Experience: Since 1983
Verified

I am sorry to hear this.

Do you have a copy of the 1950 court judgment?

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Real Estate Lawyer: N Cal Attorney, Lawyer replied 2 months ago

When you gave her written permission to use the driveway, did that document mention the fence?

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Customer reply replied 2 months ago
My letter stated that she should
Real Estate Lawyer: N Cal Attorney, Lawyer replied 2 months ago

Your reply seems to have been cut short. All I see is "My letter stated that she should".

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Customer reply replied 2 months ago
My letter stated that she can use the driveway for access and build the fence new or repair the old fence as she saw fit. It also stated a new fence to be built per ca. Fence law. Her lawyer claimed I gave her license to build the fence where she wanted. I maintain that in order to build a fence she must build it to ca. Requirements with a survey. I sent previous e-mail to her to build to the laws, but isn't she required to build the fence by law without any info from?
Customer reply replied 2 months ago
I don't have the documents in front of me. On vacation.
Real Estate Lawyer: N Cal Attorney, Lawyer replied 2 months ago

My opinion is she was required to build the fence on the property line, not anywhere she wanted. Repairing the old fence implies it will not be moved, and replacing the fence also implies not moving it.

If you want to send the documents when you return from vacation, I'll still be here.

I hope this information is helpful.

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