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micky micky is offline
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Default neighbor's fence partially on my property

On Tue, 25 Jun 2013 00:46:07 +0000 (UTC), "Danny D."
wrote:

On Mon, 24 Jun 2013 10:56:44 -0400, Don Wiss wrote:

The back yard neighbor has put up a fence that is 1 1/2" on my property.


I went through this a few years ago.

In California, the law, as I remember it, is weird about the subtleties
surrounding these two types of property disputes:
a. prescriptive easement
b. adverse possession

In the first case, your implied consent allowing the fence to overshadow
your property line can be used in the future to allow a judge to prescribe
an easement (usually for the *subsequent* property owner).

In the second case, the neighbor is knowingly overshadowing your property
line, against your will, and you allow it for a long enough period that
the neighbor actually can lay claim to the land.

In both cases, if you merely write a lease (e.g., for $1 a year), that
allows the overshadowing, you maintain clear rights to the overshadowed
land.


A liease does nothing unless you get the other party to sign it!!!
You need a one-sided document that does't require a signature by the
other party.

I'm in the middle of something like this right now, and I'm not sure
about details, or even the big picture, but I'm hoping to give him
formal permission. revocable by me at any time, to wallk on a portion
of my lawn and to mow the lawn. (and maybe to trim the bushes)

He seems to sincerely think he owns this piece about 250 square feet,
but I don't want him to get a or b above anyhow.

I'm at the end of the group and my townhouse doesn't face the street,
even though the house two doors to my left does (the street turns) my
lot is 6-sided, and the first owner of this town house built the
fence around the lot so it didn't surround these 250 sqft., because
it looks nicer this way, and so as not to interfere with the easement
that the other neighbors have to walk between his house and mine, to
get to their back yards.

I plan to sent him a cerifeid letter return receipt with the license,
the permission, and to register it at the county clerk's office along
with my deed.