My question involves real estate located in the State of: California
Can I remove my neighbor's fence if I have a recent survey showing that it’s indeed on my land? The fence posts are rotten and on the verge of completely falling in my pool. In an effort to resolve this amicably, I've called him several times and sent a certified letter about the issue and I even offered to pay 50% of a new fence that's placed on the property line. He's unreasonable and thinks the fence is in good shape and doesn't want to replace it. I'm very confident that he's not paying taxes on the few inches that he's encroaching.
Provided I replace the fence without his permission, is it prudent to do the following:
1. Place the new fence on my land (mm from the property line) so I avoid any future fence issues.
2. Return the dilapidated fence to him by staking it on his property. I'm concerned that he may sue me for disposing of a fence that he paid for. Putting the fence on his property will also save me money in disposal fees.
OR, is it more prudent to 1. Place the new fence on the property line and 2. Dispose of the old fence.

