dane wrote:
"Actor123" wrote in message
oups.com...
I can hardly call it a dispute, because so far everyone is on
really
friendly terms, but I just bought a house where the rear property
line
touches two separate neighbors. Well, the rear property line runs
straight but the fence does a bit of a "jut" at one point, the
result
of which is that the 2/3 of the fence that abuts Neighbor #1's
property
is 2 feet on my side of the property line, and the 1/3 of the fence
that abuts Neighbor #2's property is 1 foot on his side of the
property
line.

It appears that the previous owner of my property built the part of
the
fence that abuts Neighbor #2, and I'm not sure who built the part
of
the fence that abuts Neighbor #1 (they look like different fences).
We're in California, so I understand that adverse possession isn't
much
of a concern because unless you paid the person's property taxes
you
can't adversely possess, and we are only talking about a foot or
two
anyway, so its not being used for anything but plants/trees.

My questions are, what rights/responsibilities do the various
parties
have in moving the fence? Can Neighbor #2 simply move the fence?
Would
I be legally obligated to pay for a portion of the new fence (I
don't
really mind him moving the fence, I just don't particularly want to
pay
for it). Keep in mind that the previous owner of my property
apparently built this fence on this other's guys property without
his
permission.

Likewise, can I move the fence that abuts neighbor #1's property if
I
pay for it? What if he's the one that built the fence?

In the end, I think everyone is friendly and its not going to be a
big
deal, I just don't know what is customary in these kinds of
situations
so I figure the law may be a good jumping off point.


Have you had a survey done or have you located the corner markers ?
You
don't want to attempt to move anything unless you are certain where
the line
is. I have seen property deeds for neighboring properties in which
the
common line has incompatible definitions. Make sure all three
property deeds
define the same property line the same way. Make sure your neighbors
all
agree before you do anything.

Where were your neighbors when these two fences were being built ?
Would
other neighbors remember who built the fences ?

I have three back neighbors with three different fences and not one
fence
belongs to my property. Two of the fences are in a straight line and
the
third cuts off some of the neighbors property. Good luck solving your
problem.


Yes, a survey was just completed which is how I know how much the fence
was off. Neighbor #2 was apparently aware when the fence (it was just
a couple years ago) was being built but didn't say anything - the
previous owner of my property was kind of a jerk and apparently did
lots of stuff on the property without asking permission first.
Apparently neighbor #2 just came home one day to find a fence on what
he thought was his property (turns out he was right, although not by as
much as he thought). Neighbor #2 is a nice guy and I guess didn't want
to get involved in a major fight with the jerk.

I have no idea when the fence to neighbor #1 was built, or who built
it.