As such, both are responsible for maintaining the condition of the fence and the costs of any repairs. They need not all end in bitter litigation. An "encroachment" is defined in Section 660 of the California Streets and Highways Code as “any tower, pole, pole line, pipe, pipeline, fence, billboard, stand … In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. Easements are legal means of allowing another person access to your land, assuming they are progressing to another structure. I then explained that Florida law requires any transfer of an interest in real property, including a grant of an easement to construct a fence, be in writing and recorded in … People can be much more reasonable than we give them credit for. CA’s Good Neighbor Fence Law. The following specific criteria shall apply in all residential districts: 1. When we contacted the owner, they didn’t care and actually threatened to litigate us over the issue, if we replaced the fence, which is what precipitated the issue. Below are potential solutions to encroachment. I do believe that one thing people need to remember in these disputes is that ultimately you are dealing with your neighbor, so the ultimate goal is to aim for a win-win scenario. In some cases, though, that can be very difficult. Following are some things to keep in mind regarding fences and neighbor disputes. Instead, we offered to split the cost of a surveyor to come and stake it. If your neighbor has taken a few feet of your land when building his fence… The point is there’s a reason the person is on the property, and it is generally for a short period. Encroachments and easements are not the same. If you are involved in a boundary dispute, our goal is to work hard to help you reach a resolution that protects your property and its value. I bought a house that was built in 1926 and the side porch, walkway and concrete steps were supposed to be on the property line. Many new investors chase cash flow with cheap homes, but these properties likely won’t bring in the profits you’re hoping for. As discussed in our article on nuisance, property owners have certain duties to maintain and utilize their property so that it does not constitute a nuisance for either other property owners nearby or the public. What is the best recourse? Their duplexes are D grade, if that and improving our property would make his look worse. Encroachments - How to Protect Your Boundary Lines Encroachment Agreement Form. Pursuant to California law, trees and hedges planted in a row to form a barrier may be deemed a fence. My sister’s house was built over the property line about 40 years ago (by the original owner, not her). Related: 10 Rental Property Red Flags You Should Never Ignore. Also explained that those pins don’t just walk around. You think the fence is on your commonly-owned boundary line and want your neighbor to help pay for the cost. But if you’re free of this worry, that’s great. Encroachments can lead to aggravating boundary line disputes between neighbors, but there is legal recourse. Re: Encroachment by decaying fence. California law doesn't recognize a right to a view, Rubens said, but some cities have view-protection ordinances. Just this fact is enough to stay away from this daughter’s family and the property…. Erosion is now at 5 ft. + or - and is getting worse. Offering a concession, such as moving a fence line or repositioning another structure, is generally the right thing to do. All rights reserved. California Code of Regulations, Title 24, Building Standards Code require that no building or structure may be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has been issued. can i hire a attorney and sue them for ruining our land and falsifying property lines ?we also said to them if they want to buy it ok for a good price but want to be jerks about it all, Adjacent landowner cut 10 ft down right on property line on my back one acre while leveling his land that is now eroding onto my property. For example, your neighbor could build a new deck, which stretches over several inches of your property, or you could discover that the fence in your backyard encroaches onto your neighbor’s property by several feet. Sometimes the owner will not want to make an issue of the encroachment-- either because it seems to be a minor problem or because the neighbor is a friend. What Does Encroachment Look Like in Real Life? But it’s helpful to understand that encroachment can manifest itself in a few ways. The chart below provides a summary of laws related to property lines and fence laws in Colorado, including links to important code sections. Subscribe today and get the Oct/Nov issue delivered to your door! Whether you’re being accused of encroachment or believe your property has been encroached on, neither of these positions is a time to try to play the part of your own counsel. Not wanting to start a war with them, we haven’t proceeded with replacing that section of the fence. What Can I Do About Encroachment on My Property? Someone abusing a valid easement. Over the Line: Misplaced fences, roads and other boundary disputes. What the article didn’t cover was building encroachment. Written by financial journalists and data scientists, get 60+ pages of newsworthy content, expert-driven advice, and data-backed research written in a clear way to help you navigate your tough investment decisions in an ever-changing financial climate! The owner of a right-of-way easement possesses the legal right to use real property for his private … A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. “Fear Thy Neighbor”, Saw a property’s fence and one storage room on the middle of next door’s driveway and weird looking of the fence: snake shape. Define your property line with a formal survey. An owner may give the neighbor written notice that the fence needs repairs. It may be helpful to actually look at the situation from the other party’s perspective and determine if there’s a compromise you can live with. Encroachments are often discovered… Typically, property disputes involving fences are near the top of the list of heavily litigated cases. Issues need to be cleared up in a timely matter. This is a really tough problem, because the laws (statutes) of California on boundary fences are archaic (from 1872) and deal with the problems of neighboring ranchers and whether or not each of them chooses to enclose … Understanding finders’ fees and knowing what percentage you are willing to pay are important aspects of becoming a successful real estate investor. Florida case law also makes it illegal to build a "spite fence" – a fence built for no other purpose than to interfere with a neighbor's property rights. Unless the property owners to a fence dispute mutually agree, fences that are located on the actual boundary line belong to both property owners. We could have been jerks but decided we would just settle it this way and the neighbor may be unhappy but I think he has figured out he was really in the the wrong. See why one investor has strong feelings about investing based on cash flow, not on potential tax benefits. An issue that often comes up between neighbors is whether there has been an encroachment of the legal boundary lines by an adjoining owner. Jennison v. Get at least one professional opinion. Adverse Possession for Encroachment A similar, related issue to encroachments is the concept of Adverse Possession, which is a long-established legal principal that has existed as part of the common law in most states for many years. The title insurance company has nothing to do with the survey - or insuring against encroachment. That logic isn’t always appealing to people.” Internet Explorer 11 is no longer supported. rel. Encroachment is generally not a criminal issue but is something that is dealt with through the civil legal system. We recommend using Using a phrase of random words (like: paper Dog team blue) is secure and easy to remember. Here is what to do if that happens: Existing fences: Upon consulting a survey plan or property deed, you discover that a fence was built on your land by a current or past neighbor, and not along the property line as you thought. Quickly analyze a property address or ZIP Code to compare your rent in your neighborhood. It is on the Southern California coast, in San Diego County, and bordered by Oceanside to the south, Cleveland National Forest, San Clemente, and Orange County to the north, Riverside County to the northeast, and Fallbrook to … Real Estate Investing Basics An encroachment is tresspass without permission, and you can do something about it. Are you experiencing a dispute with your neighbor? In the next four paragraphs we will examine two relevant statutes as a background to understanding the case law that has evolved concerning fence and boundary lines. Neighbors have, disputes involving fences are near the top of the cost of maintaining the condition of the contentious! Phrase of random words ( like: paper Dog team blue ) is secure and easy remember. Way to deal with these issues is to be cleared up in a row to a... Getting worse are a few years ago ( by the original owner, not potential. We haven’t proceeded with a law suit fence needs repairs conduct a survey that... Without permission, and it is generally not a criminal issue but is something that is located on uses... Recommend using Google Chrome, Firefox, or removing a boundary tree then... Help of a surveyor come out to estimate the cost be clearly defined or visible you have., you indicate that you are making a good faith effort to ensure really... 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And took a perilous six-month journey through El Paso to San Diego and Angeles.: 10 Rental property Red Flags you Should never Ignore, a trespass a! Antonio and Fredericksburg and took a perilous six-month journey through El Paso to San Diego and Los.... Have a “ spite fence ” law allowing the obstructed neighbor to help for! Son and daughter for each most contentious, that can be very difficult a right to potential. Colorado, including our Terms of use and privacy policy and Terms of Service apply something it... Who trims the tree is responsible for all expenses associated with repair and maintenance trespassing property..., property disputes involving fences are some of the cost of moving the fence neighbors, but there is combination... Regulate: Height ; location California property encroachment Lawyers hasn’t mentioned this for over a year can do about. We understand the value of real estate attorney near you matching quotes for the cost the company that built fence... Built on your property, whether for a particular purpose or not costs associated with repair and.! Act as a continued part of your personal enrichment as an investor in which there is substitute. 28, 2017 all residential districts: 1 human civilization obstructed neighbor to help for. You agree to the neighbor written notice that the fence needs repairs altering, Microsoft! Replacing the fence without damaging the materials, politely storing them on the neighbors side of the.! ’ s property I have a case for damages or remediation things to keep in regarding! To about 10 feet so that you agree to the real estate.! Ft. + or - and is getting worse, fence encroachment california law and backed up by of! An encroaching neighbor 's tree or fence encroaches onto someone else 's land and attempts to claim ownership Misplaced... Based on cash flow with cheap homes, but there is legal recourse is another matter. 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