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  1. #1
    Join Date
    Nov 2010
    Posts
    2

    Default New Fence Over City Property Line

    My question involves real estate located in the State of: California.

    Our home borders city property. Recently we tore out a very old fence which was here when we purchased our home and put in a new one. The City saw what we were doing and asked us to do a land survey to verify we placed our fence correctly.
    We paid for the survey and it ends up that we are over our property line by about a foot and on city park property.

    This fence is over 500 linear feet and I can't imagine how we are going to pay to move it - or basically tear it down and rebuild. Do we have any other options such as a variance? If we don't remove it can the city remove it themselves?

    Thanks

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,361

    Default Re: New Fence Over City Property Line

    Do we have any other options such as a variance? If we don't remove it can the city remove it themselves?
    You can ask for a variance. It's probably a long shot but worth a try. Yes, the city can probably remove the fence, and they can probably make you pay the costs.

    Did you get the permit for the fence from the city?

  3. #3
    Join Date
    Nov 2010
    Posts
    2

    Default Re: New Fence Over City Property Line

    No - we did not get a permit from the city. We were aware of the fence height requirements based upon the zoning in my area and we are within that.

    Our neighbors put up a new fence along the same city park 10 days after we did and it is also on city property (it is even with our fence and our surveyor said theirs is even more outside their property line) however the city has not asked them for a survey. This does not seem fair - can I use this to support my case in any way?

    Does a "variance" apply to location of the fence? It doesn't only apply to height/location?

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,361

    Default Re: New Fence Over City Property Line

    This does not seem fair - can I use this to support my case in any way?
    No, it will only focus attention on them. What is your case?

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