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    Default Unwanted Encroaching Fence Erected by Surprise

    My question involves a condominium located in the State of: CA.

    My condo neighbor has erected a metal fence around her backyard while I was on vacation. The fence is partially on my property ("area of exclusive use") and it impairs the visual quality of my property (i.e., it blocks my nice view). I think that the side facing my backyard is fully on my property, or, if over the line, at the very least half of it (and some support elements) is on my property. The side facing my property has been erected over some two-feet-tall boundary blocks that I think they are in my property, but maybe they are on the property line... that's why I am not sure about the degree of encroachment. It seems that her friends at the HOA may have already retroactively approved the fence even though the condo architectural guidelines require prior signed notification to the neighbors for any improvement request. No municipal permit is needed for that type of metal fence in San Diego ... but it is on my property and it blocks my preexisting view.

    I want it removed. The previously nice neighbor doesn't talk to me since she erected the fence and I have already sent her a certified letter asking her to remove the fence from my property ("area of exclusive use"). Any options other than suing? Is this winnable? If I sue and win, can I get her to pay my costs (surveyor, attorney...)? Any advice or comments would be greatly appreciated.

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