My question involves real estate located in the State of: California
Before I start this, I'd like to preference everything by saying that I have had a professional come in and survey my property. I obtained what they call a boundary survey. I also got stake posts put in.
Here is a picture of my side of the property VS my neighbors side of the property:
Does anyone see an issue within the above picture?
What's clear on my property side:
1) You can see that I clearly have my block wall on MY side of the property.
2) You can see that my fence is clearly on my side of the property, and that my fence stands in front of my block wall.
The problem with my neighbors property:
1) In the picture, you can see the light purple concrete area which is my neighbors concrete patio. You can see that my neighbor has added a concrete patio over my property line and all the way up to my block wall. They literally poured and made a nice concrete patio all the way up to my block wall. You can see the purple portion of the concrete patio passes my property line. The patio concrete encroaches onto my patio by a little over half a foot (0.5 feet).
2) In the picture, you can see that they have attached their fence to my fence. In fact, they have a fence post all the way up to my block wall. My neighbors fence post is shown as RED in the picture. So they actually have fence boards that go across my block wall and attach to my fence and then to their fence post (in RED) that is right up against my block wall.
3) They continue to put all kinds of objects on my block wall. Sometimes, the objects drop through the wall and slip between my fence and my block wall (this can be a broom handle or stick that they lay against my fence that protrudes between my fence and block wall.
The distance between my fence and my property line is 1.5 feet.
The distance between my block wall (closest to the property line) and my property line itself is 0.5 feet.
My first problem is that I feel encroached upon by my neighbor. Second, my fence is now 15 years old. I want to put up a new fence. However, my neighbor is on my property and has their fence attached to my fence. This is what prompted me to get a land survey just to make sure I know where my property line is.
Because of this, I will need to request that my neighbor takes down their fence boards and remove their fence post from my side of the property. However, I am not sure what to do about their concrete patio?
Also, because I have 0.5 feet of room between the my block wall and property line, I should be able to put up a fence post there. However, I can't because they have a concrete patio all the way up to my block wall that overhangs my property line by 0.5 feet.
What I would like to do is put up my fence in the same place as I have it: put my fence back up in front of my block wall on my side of the property. And then, I'd like to put a second fence up on the other side of the block wall between my block wall and the property line. In other words, I'd like to sandwich my block wall with 2 fences. The reason I would do this is to keep my neighbor from encroaching back onto my property in the future when I am done redoing my original fence. And, this will also keep their stuff off my block wall. Again, still not sure what to do about their concrete patio that overhangs my property line by 0.5 feet? Almost tempted to get a professional to cut 4 inches off the concrete patio between my block wall and property line. Then I can run fence posts down the property line but on MY side of the property.
Any thoughts, comments, or ideas? Anything wrong with my understanding of anything? Or perhaps their is something I should consider?
Do I have a right to feel that my neighbor is encroaching on my property?
Look forward to your responses!