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  1. #1
    Join Date
    Feb 2008
    Posts
    3

    Default Leaning Fence Over Property Line

    CA - My neighbor's chain link fence is leaning into my property,
    restricting placement of my new wood fence, inside my property line.

    What recourse do I have if the owner chooses not to repair as promised?

    Thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Leaning Fence Over Property Line

    The most obvious option, which is in my opinion something best avoided, is to file a lawsuit.

  3. #3
    Join Date
    Feb 2008
    Posts
    3

    Default Re: Leaning Fence Over Property Line

    A lawsuit in Small Claims?
    Suing for what, monetary damages, or other?

    Am I legally allowed to repair the neighbor's chain link poles
    without consent?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Leaning Fence Over Property Line

    You would probably sue based on trespass, or some similar theory. You probably don't have any money damages, so what's the point in suing for them? You would sue to end the trespass. You can't do that in small claims court. You're not allowed to trespass on his property any more than he is allowed to trespass on yours. You really need to start working things out with your neighbor.

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