My question involves real estate located in the State of: California
I purchased my house in 1999, my neighbor to the South purchased his about 2 years later. There was an existing fence separating our properties which was probably built about 20 years ago. Over the years the fence has weathered and been eaten away at by termites. Over a year ago my neighbor and I began talking of replacing the fence. I wanted a 6 foot privacy fence and he wanted 5.5 feet, I agreed to 5.5 feet. We also agreed to use the existing post holes to make things easy, as we didn't want to dig additional holes and figured that the fence was on the property line. There was no disagreement here. You know where this is going now. This past fall we removed the fence and while away on a trip my neighbor concreted most of the posts in the existing holes and began erecting the 2 x 4's to hold the vertical planks. During this time the city inspector paid a visit and asked if he had a permit for the fence. We did not. When I returned from my trip I joined in to help with the remaining few posts, he said that he has changed his mind and wanted it lowered to 5 feet as his wife could not see over the fence while she was sitting at the kitchen table. That is kind of the point of the fence, privacy. I was not okay with this as this fence was to be for privacy and safety as his kids shoot BB guns and I didn't want stray BB's flying over a lower fence. I reminded him of our agreement, he demanded that the fence be 5 feet. A few days later I put up all the vertical planks at 5.5 feet, on my side of the fence, as we had agreed. Mysteriously the inspector stopped by, again, this time "red tagging" the operation. The fence was already completed. I found out that my neighbor had made the call to the city to complain on the very fence he agreed to and helped build. ??? The inspector said just to go to the city and apply for the shared fence permit, pay and everything would be okay. I went to the city and applied for the permit however my neighbor refused to pay and sign for the permit. My neighbor now wanted to survey the property to determine the property line. A few weeks go by and the survey company comes out and does their thing with out of date survey equipment, I saw the dates on one of the GPS units. We find out that the property line criss crosses the fence. Did I mention that there are retaining walls as our property is about 6 feet lower than our neighbors? So that complicates things a bit. Fast foward a few months and I come home yesterday to my neighbor sawing off about a foot off the top of the fence. I approach him and ask him what he his doing. He tells me that the fence is on his property and he is cutting the fence. I remind him that those are my planks, I paid for, put up and they are on my side of the fence. He continues with the fence is on his property and he will do what he wants. Remember the property line crisscrosses the fence, my guess going by the markers in both the front and back yards, about halfway.
Isn't this fence considered shared as the survey shows the property line crisscrossing the fence?
What gives him the right to vandalize my work?
How about the out of date(callebration date) GPS survey equipment?
Any additional thoughts?
I thank you in advance for your professional input.