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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. |
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