First, hire a surveyor to find out where the property line really is. Do not rely on the neighbor's survey. You never know what he might have instructed his surveyor to do. Also, living in earthquake country, survey markers can move.
If the fence is on the neighbor's property, do you care? If he moved the fence to the correct location, would it change the value of your property? If not, why not just tell the neighbor to go ahead and build a new fence?
There are a variety of legal theories which would allow you to keep the fence where it is and always has been. If you assert those rights, the neighbor might contest them, and you would end up in court. Such a lawsuit could take 1-2 years to resolve. Is the little strip of land in dispute, really worth the time and money? Even if you spent the time and money, you still might lose. Or you might agree to a compromise which was worth less than the time and money expended.
Please call me to discuss.
Dana
Answered on Aug 02nd, 2017 at 4:18 PM