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Old 11-22-2009, 06:27 PM
 
Location: Oak View
37 posts, read 77,516 times
Reputation: 21
Quote:
Originally Posted by eagle7 View Post
I thought your neighbor did this recently & not yrs ago.

It was built YEARS ago but MOVED recently though!
Finally, I figured out how to get a photo on here.

Last edited by Coletta; 11-22-2009 at 06:45 PM.. Reason: added picture
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Old 11-22-2009, 06:33 PM
 
Location: Oak View
37 posts, read 77,516 times
Reputation: 21
finally figured this site out for photos....kinda....here is a photo
Attached Thumbnails
Neighbor moved fence right up against our house-number-1.jpg  
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Old 11-22-2009, 06:47 PM
 
374 posts, read 651,655 times
Reputation: 242
In my opinion...
In most places the person putting up the fence has to have the good side facing the neighbor which it is not from your photo.
Also was a permit taken out for installing the fence ?
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Old 11-22-2009, 07:16 PM
 
Location: Oak View
37 posts, read 77,516 times
Reputation: 21
fence alternates good side, bad side, all the way down.
fence was built over 15 years ago, I have no idea if it had a permit or not. I doubt it but most people don't get a permit to build a fence. I didn't even know you needed one until I started to question what is going on right now.
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Old 11-22-2009, 08:20 PM
 
Location: Yucaipa, California
8,307 posts, read 9,881,041 times
Reputation: 4589
Quote:
Originally Posted by Coletta View Post
finally figured this site out for photos....kinda....here is a photo
The fence looks inches from your house. Its most likely right on her property line & as long as its not touching your house i dont think you can do anything about it. Do you talk to the lady at all ? Some neighbors rarely or never talk to each other unless a emergency occurs (some dont talk to each other no matter what).
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Old 11-22-2009, 08:54 PM
 
10,010 posts, read 14,119,280 times
Reputation: 5993
Check with the city about the permit. My parents had problems with a neighbor about their fence; the neighbor complained because it was too high under current regulations. At the time it was put up, though, it was legally within code. Also check to see if the fact that the fence was moved changes anything. I have no personal experience or expertise in this, but even if the fence and its materials are the same it seems like it should qualify as a new fence if the location is different. If that were the case you could see if it currently has/needs a permit, and, if so, if it's up to code. Even if in your area a permit (in some places permits not required for short fences, although that fence is certainly not short!) was not required there are still going to be codes and regulations. I would check, though, to see if this fence is considered new or old, and what implications that has on its construction and on your rights.
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Old 11-22-2009, 09:31 PM
 
13,510 posts, read 24,647,711 times
Reputation: 7799
Quote:
Originally Posted by Coletta View Post
finally figured this site out for photos....kinda....here is a photo
Wow... I've never seen anything quite like this... even in zero lot line areas where I have owned the neighbors wall is the fence and only an idiot would put up a fence like this...

Do you have any windows required for egress on the side with the fence?

So did the relocation happen before or after escrow closed?

I know it's an unexpected expense... but I think I would start saving for the survey... if the fence is 1" on your side... take it out or better sue for encroachment...

I'm not a lawyer but I've never lost in Court... seldom would I go to "War" over something... but it looks like you have nothing to loose...
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Old 11-22-2009, 11:58 PM
 
1,382 posts, read 1,947,703 times
Reputation: 1182
Quote:
Originally Posted by Ultrarunner View Post
Wow... I've never seen anything quite like this... even in zero lot line areas where I have owned the neighbors wall is the fence and only an idiot would put up a fence like this...

Do you have any windows required for egress on the side with the fence?

So did the relocation happen before or after escrow closed?

I know it's an unexpected expense... but I think I would start saving for the survey... if the fence is 1" on your side... take it out or better sue for encroachment...

I'm not a lawyer but I've never lost in Court... seldom would I go to "War" over something... but it looks like you have nothing to loose...
Yes, typically the fences on zero lot line homes stop at the corner of the house. As you said the wall is the fence. Also, and this is a biggie, the home eventually needs painting or maintenance.

Also, I am curious if this is even a zero lot line property as the eave overhangs the fence. In a true zero layout the home on the property line has no windows and is an fire rated structure which means no overhangs onto adjacent property. I would ask a city building official come out to review the situation and review your parcel map for property line location, Title companies can provide those at little or no charge.
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Old 11-23-2009, 10:21 AM
 
Location: Oak View
37 posts, read 77,516 times
Reputation: 21
Located the past owner and builder of the neighbors home. When he built, no survey was required and it was just accepted by the owners of the surrounding properties that my house encroached. It had been here for so long with nothing else around it that no one cared. Including the county and potential builders. (he, as the builder, should have contacted my homes owner at the time and done an easement or lot line, but DIDN'T)...
so, yes, the builder just said OH WELL, built a house, then sold it to the current owner and left any arising issues up to whoever had to deal with it.
He can not rememeber if he built the fence or not (he is an old guy).
Anyhow, he detoured me from getting a survey because he said that the lot lines ARE correct and that any survey I have done is going to show that my house DOES overhang her property. Which is what I was pretty sure of in the first place. I don't have the money for one anyhow.


I am meeting with the Building & Safety Dept. next week to look over old and new rules.
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Old 11-27-2009, 05:13 PM
 
Location: Central Coast
2,014 posts, read 3,324,702 times
Reputation: 739
Hi Coletta, I talked with my father in law, here is what he says, I will send this to you in a PM also.

1. Your eaves encroach on your neighbor's property, your neighbor could require you to remove the encroachment.
2. Your neighbor cannot prevent you from normal maintenance, including painting, if you cannot paint maintain or repair that side of your house, the court could require the fence to be removed.

Notice the word "court"

That of course means lawyers and expense and it is a crap shoot, you may prevail or not.

His advice was, rather than spend $15,000 on a crap shoot with attorneys, spend $15,000 moving your house over.

My advice is, sell and find a house that does not have legal problems.

At some point, attorneys and the court is likely to get involved.

Not good news I know.
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