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Real Estate Blog for Palo Alto, Mountain View, California, and Surrounding Communities

Blog by Lynne Mercer
Palo Alto, California
Selling real estate in the mid San Francisco peninsula is unlike selling real estate in any other area. Just as the geographical area is famous for its microclimates, the real estate landscape has its own microclimates, each with its own idiosyncracies. An experienced agent will be in tune with the subtle variations from one subarea to another. But it is always changing. In this blog I will attempt to capture some items of interest to buyers and sellers alike, and to have some fun as well (see ""Fun Stuff"). If you have information you would like to have posted on this website, please email your suggestios to Lmercer@Lmercer.com.

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Real Estate Blog for Palo Alto, Mountain View, California, and Surrounding Communities

Property Boundaries, or Where to Draw the Line
Feb. 19, 2007
Categorized in: Education Corner
Tagged with: boundaries, neighbors, property lines
Disputes about property boundaries are among the most common lawsuits between neighbors in California. Such disputes can be vexing at best, or tragic in the worst situations. Such was the case recently when a homeowner in Carmel Valley shot his neighbor and the neighbor’s wife over just such a boundary dispute. I don’t know how it started, but these were educated, successful people… the murdered couple were both attorneys and the neighbor who shot them was a geophysicist….. who should never have let their dispute become so contentious. 
 
Most people assume that the fence along the back and the sides of their house defines the property boundaries, but fences are commonly off the mark by several inches to several feet. The reality is that most of the time it simply does not matter. The fence may be replaced several times without anybody questioning whether it is exactly where it should be so long as both parties get to use and enjoy the portion they presume to be their yard.
 
Disputes frequently arise when somebody needs more space. This commonly occurs when a neighbor decides to expand their home and the city requires a survey. The survey may indicate that the fence really should be 3 feet closer to the neighbor and the fun begins. This is especially true if that extra three feet or so would put the property into a different category…. one with a7000+ sq. ft. lot as opposed to a 7000- sq. ft. lot. A few square feet of lot size may mean the neighbor can add 200-300 more sq. ft. to their proposed development, so it can become very meaningful.
 
The gracious thing to do, of course, is to concede and help to move the fence. But sometimes neighbors don’t really want the house next door to suddenly become gargantuan, so they may object and decide to have their own survey. Now one would think that would be the end of it. Surveying is supposed to be an exact science, so the surveys should agree. The sad truth is that they frequently don’t, especially if the surveyors cannot locate the “monuments” as described by the original surveyors. If the starting points differ, you can be sure the ending points will differ as well. Here come the attorneys!!
 
Things are even more complicated outside the city boundaries. I always warn my clients, DO NOT assume the fence follows the property lines. If you have any questions at all and if it is important to you, go ahead and get a survey before you buy the house. This is especially true if the buyers are planning to remodel. If there are differences, it is best to approach the neighbors to see if they will agree to let you move the fence or whatever else is necessary so the house can perform the function you are buying it for.
 
Murder and mayhem represent the extreme end of any property dispute, but nobody wants to be on a bad footing with their neighbors, and an ounce of prevention is definitely worth a pound of cure.
 
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