New Fence Off Boundary Line

**cpkearns** · 10-28-2009, 07:42 PM

My question involves real estate located in the State of: CA

My neighbor and I installed a new fence between our properties. He suggested that we folllow the old fence line. I agreed, we were in a hurry, and didn't check the boundary lines.. Turned out that after the fence was done, we found a survey pin in the sidewalk showing the boundary (which we had not checked beforehand) and that the fence is on my property. I have a narrow sideyard and want to move the fence (at my expense) to the boundary line (14 inches away on his side). My neighbor does not want to move the fence and claims that I am not allowed, since this fence is the new boundary line and requires both of our approvals.

**Mr. Knowitall** · 10-30-2009, 08:22 AM

The old fence was in place for how many years, after being put up by whom?

**cpkearns** · 11-11-2009, 10:56 AM

The old fences were in the same place for 25 years, installed by the builder and the owners. Our intention was to install this fence on the boundary line and we thought the old fence was on the boundary line. When we found out that it wasn't, we agreed to move the fence. Then the neighbor talked to the building dept and they said the fence has to stay. When we were installing it, we saw the stake at the back that was off by only a few inches but didn't realize that the error is pie shaped and is off 14 inches at the front.

**LandSurveyor** · 11-11-2009, 03:24 PM

I am always surprised and amused by some of the petty bureaucracies in California.

But no building department anywhere has a right to determine property boundaries. I think that your neighbor could just be using the building department as a prop. Ask them yourself, and if they still say you cannot move the fence, ask them why.

You may also consider having a boundary survey done, and ask the surveyor to provide a plat (map) showing the location of the fence in relation to the boundary line.

**cpkearns** · 11-11-2009, 03:33 PM

Well, there is a stake in the ground at the back of the lot, and a pin in the sidewalk in front. There's a pin at the cormer of each lot in the sidewalk. My neighbor says he doesn't care about the 14 inches, and I have offered to move the fence myself since I have a minimum side yard and need to renew my retaining wall - he just does not want to admit he made a mistake.