My question involves real estate located in the State of: CA
It was recently brought to our attention that our fence is not located on the correct property line and needs to be moved over 3 feet onto the neighbors side. Neighbor does have a garden, old greenhouse, and planter boxes that would need to be moved in order for us to place the fence on the correct property line. We need to replace the old fence and I gave the neighbor 30 days to remove their landscaping and other items so we can replace the fence on the correct property line. Neighbor informed me that this situation falls under equitable easement but wants to avoid any conflict and has offered to buy this piece of land ~ 230 ft.² (I asked about this in a a previous post). I am not interested in selling the piece of land but would like to know more about equitable easement and if this in fact falls under that. They bought their property in 2009, we bought ours in 2013. We found out in 2014 that the property line was incorrect and at that time I informed them that we planned to fix it this summer so they have known our plans for quite some time. I've had the property surveyed, the stakes placed, and am ready to move forward with the fence before winter. Any thoughts? Thanks!

