1 Answer

What you should do if your really concerned, is get a survey of the line. And then, if the fence line is in the wrong place, go to the neighbor and tell them the problem. Preferably in a nice, neighborly way. You should also consult with a lawyer to identify the issues. Fence line transgressions rarely lead to Adverse Possession, but do lead to possessory prescriptive easements.

Litigation over fence lines and such trespass can get awfully expensive in a short time. Not to say the agony of living with an enemy right next door.

In most communities the local government has a mediation program that seeks to resolve these kinds of issues. I believe there is such a program in Sacramento. If the neighbor refuses to talk, armed with the advice of counsel, head to a mediation program. The Neighbor might listen to them and the process may work to your benefit.

If the neighbor refuses to mediate your left with filing an action for trespass [if the prescriptive period has not passed] and seek injunctive relief from the encroachment of the fence. Be prepared to spend money.

The worst case scenario is that you will be subject to a prescriptive easement and an enemy for life, so be very sure of the time the fence line has been in the wrong place. It may be that your best bet, after talking with the neighbor is to leave things as they are.

If the time requirement for a prescriptive easement has not passed, then let the neighbor know in a letter that you consent to the use, subject to your right to revoke it in the future or if required by your bank or on sale of either property.

Hope this helps.

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