Little background, bought our home in Los Angeles 5 years ago. At the time of purchase our next door neighbor was an elderly woman and her daughter. After a year the elderly woman passed away and the daughter's son moved in with his family (not sure how/if ownership was transferred).
There is a chain link fence dividing our properties, that has been in place a minimum of 10 years and very likely considerably longer. The fence is not entirely straight and near the end of the lot slightly angles into the neighbors property approx. 3 feet and then continues for about 10-12 feet.
Our neighbor has recently informed us (after living in the house for over a year) that he plans on taking back his property and plans to remove the fence to "reclaim" his missing space. I replied that I would need to see a survey of the actual property line but that without a survey he did not have our permission to remove the fence. He said he would not pay for a survey.
So a couple questions, does the fact that the fence was presumably established as a mutually agreed upon boundary line by the former inhabitants mean anything today.
Does the length of time that the fence has been in place make it the de facto property line?
Would he be trespassing and violating California Civic code covering coterminous fencing if he did proceed without our permission and take the fence down?
Want to make sure we have things straight in case he acts rashly.
thank you
There is a chain link fence dividing our properties, that has been in place a minimum of 10 years and very likely considerably longer. The fence is not entirely straight and near the end of the lot slightly angles into the neighbors property approx. 3 feet and then continues for about 10-12 feet.
Our neighbor has recently informed us (after living in the house for over a year) that he plans on taking back his property and plans to remove the fence to "reclaim" his missing space. I replied that I would need to see a survey of the actual property line but that without a survey he did not have our permission to remove the fence. He said he would not pay for a survey.
So a couple questions, does the fact that the fence was presumably established as a mutually agreed upon boundary line by the former inhabitants mean anything today.
Does the length of time that the fence has been in place make it the de facto property line?
Would he be trespassing and violating California Civic code covering coterminous fencing if he did proceed without our permission and take the fence down?
Want to make sure we have things straight in case he acts rashly.
thank you
