How to Force a Neighbor to Remove a Wall or Pay Assessments

[tkul72]

My question involves real estate located in the State of: California
My neighbor built a wall which was cited unpermitted by the City who served a notice to comply to both of us since they do not determine property lines. As a result we were assessed a fine and were ordered to get a private land survey to establish property line. The outcome is this: We have spent over $1000 and will incurr more fees if the neighbor does not remove the wall because it was built on our property per the official survey. What is the best course of action to get our money due and to force the wall be demolished?

[Mr. Knowitall]

Your neighbor built the wall without a permit, so why is it "we were assessed a fine" instead of "he was assessed a fine"?

[jk]

what is the neighbors position on all of this?

Since he built the fence and obviously it cannot stay you have a couple options

1. tear down the fence at your cost and send a demand notice to the neighbor for the cost. If he refuses, you would probably be relegated to suing him

2. sue him for injunctive relief asking the court to order he remove the fence and return your land to pre-fence condition




as to getting money due you: what money are you speaking of? The survey? Sorry but that is just the cost of owning property sometimes. You do have the benefit of the survey for future use should you want or need it. As to the fine: a demand letter and then, if ignored, court.

[tkul72]

"We" were assessed a fine because we reported the incident to the City and since two properties are to either side of the dividing wall they charged us both because they do not determine property line, hence the compliance order to get a survey. Our thought was to go to small claims but are unsure if this would award us both monetary and demand to remove the wall? The neighbor has been uncooperative through the whole ordeal but we believe she is having some sort of second thought since we sent her a demand letter...however she hasn't officially responded. We are afraid she woud sue us for tearing down the wall she had built and she paid for?

[LandSurveyor]

Curious response by the city. As an affirmative defense your attorney might quote the concept of legal impossibility as, if the city is unable to determine the boundary line, and can't seem to figure out who built the wall, they are in the position of not being able to cite anyone.

The remedy is, of course, to get a survey and start from there. If the wall was built on your property, and without a permit, your attorney may be able to get a judgement which removes the wall, the fine from you, and obtains attorney fees.

Good Luck!

[trafeng]

Does the City have an appeal process for the fine? You might research that, and soon, since there is often a time limit on such processes. Its hard to imagine the city just fining both of you, since, as you say, you did not consent or actively participate in the fence placement.

[eapls2708]

Couple of things to consider. In CA, unless it can be shown otherwise, a fence or other enclosure such as a wall built for the purpose of separating the properties from each other is presumed to be owned jointly by both owners unless it can be shown otherwise. Next, even if your neighbor supplied all the labor and materials, if he built what was intended to be a boundary fence with your permission and understanding that it was intended to be a boundary fence, then you share responsibility for having to remove it. Your permission didn't necessarily need to be express permission either. If you were aware of his building it and its purpose and you made no attempt to prevent him from doing so, then it may be presumed that you planned to enjoy the benefit of having an enclosure on that side of your property and we're back to the shared responsibility.

If your neighbor just built it of his own accord without consulting you and you had no reasonable opportunity to prevent it's construction, then it doesn't matter whether he built it on the line, on his side, or on your side. It's his property and his responsibility. Going to the City Building Department and explaining this situation to the Director or other senior building official should clear the citation for you.