Posted by Gregg on 4/01/07

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I would be interested in hearing opinions on whether I would
prevail in court in getting my neighbor to remove a fence
that encroaches on my property 60'. Any suggestions on how
to proceed would also be welcome. Thanks.

DETAILS
A little over a year ago I purchased a 10 acre piece of
property located in Riverside County, CA. The owner of the
property was also the Real Estate agent for the property
which he owned for about 1 year. During the sales process
he told me that a neighbor's fence encroached on the
property about 60'. He said they were trying to work out a
lot line adjustment but they did not come to an agreement.
I spoke with the neighbor and sent him a letter indicating I
knew about the encroachment and that I was not sure how I
planned to use the property. I told that if he planned to
continue using the property that he would be responsible for
any liability if someone was hurt on the property.

My best estimate is that the chain link fence was built over
20 years ago. I do not think there is any record of whether
the prior owners gave permission for the fence. It is
feasible that permission was granted since the original
developer for the entire area built and lived in my
neighbor's home. Or it could just be that the fence was
mistakenly placed.

The encroached area right now is just a fenced lawn area
with no roads or access paths. I am interested in hearing
any comments about what I should do and the chances of
prevailing in court to have the fence removed.

Re: Adverse Possession & Prescriptive Easements, 4/02/07, by rob.

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