Fence, Boundary Issue

meBucco

New Member
Jurisdiction
California
I have rural property with a portion of steel welded horse fence that has deteriorating wood posts that obviously is not 100% on the property line. It is not straight, whereas the parcel map shows a straight line. What makes this complicated is, the property corner, which for my neighbor, is the long point of a triangle, has never been surveyed, so no one knows exactly where the point lies in order establish a true property line. A survey is quite costly (upward of $15,000). It is also fairly obvious that the existing fence lies mostly on the neighbor's property and not mine. The neighbors do not want the existing fence repaired / reinforced with metal T posts, as I have offered to do. They claim sole ownership of the old fence, and want it abandoned so they can repurpose the 6' horse mesh wire for their own use and they want me to build a new fence, solely mine, on 'my' side of the property line without sharing any cost.

I am aware of California Civil Code Section 841 that says, "adjoining landowners shall share the responsibility for maintaining the boundaries, fences, and monuments between them equally" (March 23, 2022). It's my hunch that they feel entitled to claim the old fence because it's mostly on their property (as well as the fact that former owners built it, over 30 years ago), and that it's my burden to build my own fence because it is I who is running livestock, not them. Yet I have been told the responsibility of the fence is not greater on my part because I intend to run cattle. Their property has had horses in the past, and the old fence is a livestock fence placed there before either of us owned our respective properties. The responsibility is just as much upon them to keep livestock out as it is mine to keep livestock in.

I would also be amenable to a mutually agreed property corner in order to establish a straight line for a new fence. But I do not think this fence should be my sole responsibility on 'my' side of the fence.

Any legal or practical light I anyone could shine on this issue would be greatly appreciated, thanks in advance.
 
Any legal or practical light I anyone could shine on this issue would be greatly appreciated, thanks in advance.
I'm glad that this is what you would like.

Practical advice? Build your own fence on your own property.
 
My question would be location of the fence in relation to the property line, which apparently has not been surveyed in modern times.

The location of a "parcel line" on a map from your county GIS, is without value regarding the actual location or shape on the ground of a property boundary.

If the existence of the fence in question historically predates the personal knowledge of both you and your neighbor, and there are no records or testimony regarding it's initial placement, the fact that it may be near the "line" only in a place or two or even be in a reasonably straight line, is immaterial under 841.

Adjoiners can sometimes fix a common boundary by agreement, but this is notably difficult in California. In any event, the agreed-to boundary would need to be monumented and newly described according to law by a licensed land surveyor.

Please understand that in California (and most states) one cannot convey ownership of land (or even interests in land such as easements) without a current legal description for conveyance prepared by a state licensed land surveyor which meets all statutory requirements regarding accuracy, monumentation, plat, etc.

Sooner or later, the parcels owned by you and your neighbor will need to be surveyed. With a valid current survey, you may find that the increased value and merchantability of your parcel well exceeds the cost of a survey.
 
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