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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Property Line Issue Posted by Travis-CA on September 04, 2003 at 4:07 PM In Reply to: Property Line Issue posted by Frustrated Neighbor on September 04, 2003 at 12:30 AM : hello : we purchased a home at a trustee sale : the neighbor is a busy body type of lady who has made it her life's goal to make an issue of a property line matter... : : she provided a survey from 1998 that shows the fence is .76 feet on her side in the front - it also shows that she is over on our side by .4 feet in the back : her issue is that if we move the fence the .76 feet = 9" then we cannot resell as there is not a 3 foot separation from our house to the fence... : a) what is the statute of limitations regarding this matter? - obviously with her report, we can establish that the fence has been there for a minimum of 5 years (our house was built in approx 1991 and hers a few years later) : b) what is our responsibility for an error such as this that was made by the developer of the lots? : any suggestions would be greatly appreciated : Thank you Frustrated Neighbor, It sounds like you are encroaching on her property line with your fence, in California the party has 3 years to take action to remove a known encroachment or the encroachment will be allowed to remain. Also if a party knew of the encroachment, and waited until construction was completed to complain about the encroachment you may have an equitable defense under the Doctrine of Laches. Travis Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : hello : : we purchased a home at a trustee sale : : the neighbor is a busy body type of lady who has made it her life's goal to make an issue of a property line matter... : : : : she provided a survey from 1998 that shows the fence is .76 feet on her side in the front - it also shows that she is over on our side by .4 feet in the back : : her issue is that if we move the fence the .76 feet = 9" then we cannot resell as there is not a 3 foot separation from our house to the fence... : : a) what is the statute of limitations regarding this matter? - obviously with her report, we can establish that the fence has been there for a minimum of 5 years (our house was built in approx 1991 and hers a few years later) : : b) what is our responsibility for an error such as this that was made by the developer of the lots? : : any suggestions would be greatly appreciated : : Thank you : Frustrated Neighbor, : It sounds like you are encroaching on her property line with your fence, in California the party has 3 years to take action to remove a known encroachment or the encroachment will be allowed to remain. Also if a party knew of the encroachment, and waited until construction was completed to complain about the encroachment you may have an equitable defense under the Doctrine of Laches. : Travis Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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