Hello, So we bought a single family home 2 years ago in the Bay Area. We got our new fence built on one side of the home (lets say left) and the back. On the right side our neighbors wanted to build an ADU in the back and before the ADU they had a Garage, which acted as a fence. To build the ADU, they removed the Garage and wanted to build the remaining fence, essentially on the property line. They had the property line survey done. So we agreed to share 50% of the cost and build it on the property line. Over time, we started seeing that they were then putting tree's and storage shed, etc close to the fence so a few weeks ago we asked if they would contribute to get the entire fence done. If they wouldn't contribute we were willing to pay entirely for the new fence to get it done on the property line all the way. Let's say the side fence is about 120 ft long. Out of that 34 feet was done so that they can build the ADU properly. Now out of the remaining fence, at about a 100 ft, they have a 10 foot wide steel door. If we use the property line assuming to start from the front marker and ending it right at the 34 ft line, this door is definitely on our property. We got the old fence removed and when we wanted to get the fence done on the property line they disagreed. I had communicated this prior as well that we want to get the fence done on the property line. The reason why they don't want to build it on the property line is that in the past, may be the previous home owner, built a roadway with pavers and concrete and that home owner also installed a 10 ft gate, which as per the property line they drew is encroaching our property. Some of the concrete on the borders is also in our property as per the line. First question, can we have this fence built on the straight line using the survey that they did? Do we need to get our own survey done and after that can we build this fence on the property line? Note, they are now saying that even though the front marker is correct, the back marker is not and the 34 ft fence has an inch in their property. However, I don't think thats the case. Second question, can we get this post holding the door handle be removed given its on our property? I just want to make sure they don't illegally possess our property. Note: I don't mind getting a survey done if they don't share their surveyor, but want to make sure I can remove this post given its encroaching our property and that they don't consume our property. What should we do if they don't agree to get this fence built on the property line all the way? Is there any law or court that can help or protect us? Note: * They also don't want us to build a fence beyond the 100 ft , i.e. the last 20 feet to the main road because the previous homeowner built the pathway where if we build even a small fence there they would not be able to open their car doors to get in or out. They already have a small fence on the other side of the line. * I just feel that they aren't being ethical or principled but I could really use some legal help to fight this. Any guidance would be really appreciated. Thank you!
Fence line disputes can be tricky. I recommend you retain an attorney to assist you with pre-litigation negotiations in this situation. Whatever arrangement is reached with the neighbor should be put in writing, dated, and signed by all parties.
If they will not agree to a resolution, then you should be fine to remove any item that is on your property (the post) so long as it does not harm/damage the property on the neighbor's side of the property line. If removing the post would cause their gate to fall, etc., then you should not remove it. As far as the survey, was the survey recorded? You can get your own surveyor if you like, but you can also reasonably rely on the most recent survey performed. You should be able to get a copy from the surveyor. If you decide to build a fence, you may do so. I advise not building directly on the property line, but instead building an inch on your side of the line, so that the fence is wholly on your property and not on any shared boundary line. If the dispute on the back portion of the line is truly one inch, I think you should agree to move the marker the one inch they've requested. It should not make a difference, practically speaking, and making that accommodation may spare you demands and legal action down the road.
So,
After we removed the old fence we currently don't have any fence for 65 feet that connects both of our properties. Given this, because of a security concern and a liability issue, on what grounds can they deny building a fence on the property line where the post is 2 inches in our property and 2 inches in their property (this assumes we install a 4-inch post)?
For the gate issue, the post on our property holds the lock bar for the gate, so by removing it all it will do is for them not to be able to lock the door, which according to me shouldn't be my concern. Thus, removing the post and giving them the lock bar should be okay right?