Madani v. Rabinowitz
Facts: An inexpensive boundary fence separates a homeowner’s property from their neighbor’s. The homeowner has their property surveyed and learns the neighbor’s boundary fence encroaches on their property.
Claim: The homeowner seeks to have the fence removed, claiming the fence is a trespass since it encroaches on their property.
Counterclaim: The neighbor claims the fence is a permanent encroachment which cannot be moved since the cost to do so is prohibitive.
Holding: A California appeals court held the fence is to be removed as it is a continuing encroachment and the cost to move the fence to the proper boundary line is not sufficient to be deemed a permanent encroachment. [Madani v. Rabinowitz (February 24th, 2020) __ CA6th__]
