Disputes over property lines can quickly become heated, and for this homeowner, a new fence erected by their neighbor has raised serious concerns about encroachment. Despite initially agreeing to the fence, the homeowner realized it was likely placed several feet onto their land. After informing the neighbor and planning a survey, tensions are high.
With the neighbor asking them to overlook the potential violation due to the cost and effort involved, the homeowner is torn, should they stand firm on the issue, or is it better to let it go? Keep reading to see how this delicate situation unfolds.
A hillside homeowner in Southern California plans a survey after their elderly neighbor’s new fence appears to encroach several feet onto their property
This is a common issue in neighborhoods with closely spaced properties, especially in high-value areas where every inch of land matters.
OP is trying to balance maintaining a good relationship with their elderly neighbor while ensuring that their property rights are respected. The concern about the fence being placed on OP’s property is valid, given the significance of land ownership, property lines, and potential legal complications.
From a legal standpoint, OP has every right to ensure that their property is not encroached upon. In Southern California, where property values are high and land is limited, even a few feet can be crucial.
OP is correct in their approach of wanting to confirm the property line with a survey, as this is the most accurate and objective way to determine if the fence is indeed encroaching on their land.
According to real estate attorney advice, this is a straightforward matter that should be resolved with a survey, and if it confirms the fence is on OP’s property, the neighbor will need to remove it.
There are well-established processes for resolving property disputes of this nature, and OP is taking the right steps by getting professional advice and confirming the property boundaries through a survey.
However, the emotional dynamics with the neighbor are complex. The neighbor is clearly attached to the fence, as it serves a personal security purpose by keeping trespassers out of her yard.
As noted by Dr. John Gottman, a relationship expert, maintaining positive neighborly relationships often requires balancing personal rights with empathy. OP is in a delicate position because, while they have legal grounds to ask for the fence to be moved, they also risk damaging a long-standing friendly relationship with the neighbor.
In this case, the neighbor may feel embarrassed, defensive, or financially burdened by the potential cost of moving the fence, especially considering that she may not have anticipated any issue with her placement.
OP’s request for the fence to be moved, if the survey confirms it’s on their property, is not unreasonable. It is entirely within their rights to protect their property and ensure that no encroachments occur, especially in a market where land is so valuable.
However, Dr. Mann, a family therapist, would advise OP to approach the situation with as much diplomacy and tact as possible. While the legal situation may be clear, handling it with sensitivity could prevent long-term animosity.
It may be beneficial for OP to offer to share the cost of moving the fence if it is indeed on their property, or at least negotiate a fair solution that takes both parties’ needs into account. By doing so, OP can maintain their property rights while minimizing the emotional fallout from this conflict.
Here’s the feedback from the Reddit community:
These users advised getting a survey to determine the exact boundary and emphasized the importance of moving the fence if it encroaches
This group highlighted the lack of due diligence on the neighbor’s part, pointing out that a survey, permit, and proper documentation should have been obtained before the fence was installed
These commenters criticized the neighbor’s actions, calling it a land grab
This user emphasized that the neighbor should have had a survey done before installing the fence
Do you think OP should have let it slide, or is she right to make sure the fence is properly placed? Let us know your thoughts in the comments below!
