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  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Default Neighbor Has Horse Fence and Part of a Barn on My Property

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

    Good Afternoon,
    I have been trying to resolve an issue with my neighbor regarding our property line. I purchased my property (just less than 2 years ago) from a bank and as such they were not required to provide me with a survey. Having paid cash for the property did not leave me enough $$ to get a survey myself at the time. I suspected at the time that there was a property encroachment on the back side of the property and decided to deal with it later (since I was not the one encroaching). The neighbor initially did not dispute my property line claim and agreed to order a survey to define the property line so that they may offer to purchase the land they are using for the horses and a portion of a 60+ year old barn. Since then they have changed their mind and will do nothing if I do not force them legally to do something. Besides ordering a survey, is there something else I could do? If I get the survey and I am correct regarding the property line, can I tear down the fence? How about the portion of the barn? Should I take them to court/file a trespass? Thanks

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,576

    Default Re: Neighbor Has Horse Fence and Part of a Barn on My Property

    With the neighbor now in disagreement with you, your only next step is to get a survey. The rest of your questions are only theoretical until you have a survey. At that point you will have all of the real issues before you and you can decide with the advice of your attorney what your next steps should be. Frequently, the results of a survey will finally focus the neighbor on the problem, and a reasonable solution can be reached.

    Without a survey clearly showing an encroachment, you really have no grounds for ejecting a trespass.

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