Fencing in school property

[rwf]

Fencing in school property, Take II

What is the name of your state? California.

We live near a corner, and the backs of all the properties around the bend adjoin the local school. Is it possible to prevent the neighbor around the corner from erecting a fence between my property and the school property? He needs to satisfy a pool barrier requirement, and would rather place a fence along my property line, than 20' back along the border between his property and the school. Thanks for any advice you may offer in this matter.

Cheers!
-RF

Sorry for not making this clear in the original message; perhaps a "map" might help. The "double lines" (|| and =) are the existing school fence. The "single lines" are property lines. The "X"'s and "Y"'s are fences the pesky neighbor has already erected on school property, and the "Z"'s represent the fence he wants to erect on school property adjacent to my lot. Please ignore periods ("."), which are place holders so the spacing works out.

I don't believe he has the right to enforce a boundary between two properties (the schools and mine) he does not own. However he has already built fences on school property with apparent impunity. Can I take down fence "Z" if he builds it, or get an injunction to prevent it in the first place?
Thanks!
-RF

...................|.............||
...................|.............||
___________________|XXXXXXXXXXXXX||
...................|.............||
...................|.School......||
...Pesky...........|.Property....||
...Neighbor........|.Outside.....||...School
...with pool.......|.Fence.......||
...................|.............=============School fence=====
...................|.............Y
...................|.............Y...School Property Otside Fence
...................|.............Y
___________________|ZZZZZZZZZZZZZY_________________
...................|.....................|
...................|.....................|
...Good............|.....................|
...Neighbor........|.......Me............|
...................|.....................|
...................|.....................|
...................|.....................|
...................|.....................|
...................|.....................|
___________________|_____________________|______

 

[Some Random Guy]

Its not his property

Your neighbor wants to put a fence on your property because he doesn't want the ugly thing on his property? All you have to do is say no. It's not his property.

The only thing he can legally do at that point is get the school to agree to put it on school property, which is highly unlikely due to govt bureaucracy.

 

[HomeGuru]

What is the name of your state? California.

We live near a corner, and the backs of all the properties around the bend adjoin the local school. Is it possible to prevent the neighbor around the corner from erecting a fence between my property and the school property? He needs to satisfy a pool barrier requirement, and would rather place a fence along my property line, than 20' back along the border between his property and the school. Thanks for any advice you may offer in this matter.

Cheers!
-RF

**A: tell neighbor to put the fence on HIS OWN property. If he puts any of his fencing on your property, he be trespassing. And you don't need to go to school to know that.

 

[Some Random Guy]

Call the school

Since he is already putting up fences on school property, he can probably put up that fence near the "ZZZZZZZZZZ" line so long as he stays on school property.

The question is: "Why is the school letting him do this?" Call the school and ask them about the fence that is already there and let them know that you plan on annoying them if they allow the neighbor to put up a fence near the ZZZ line.

 

[rwf]

Apparently, the school doesn't know and/or doesn't care that the land is theirs. Perhaps they don't want to maintain it, or wanted to maintain a buffer between students and residents.

Regardless, I'm certain they don't want to get involved. I know they could legally prevent the pesky neighbor from erecting the fence, if they cared, which they probably don't.

The question is whether I could legally prevent him from denying me equal access to school/public land (equal protection?)

Alternatively, can I rip down the fence (which I assume would be school property at that point) and have his lawsuit dismissed on the basis I had not damaged his, but school property?

Perhaps I could erect a 10' cinderblock wall across the back of his property line, with "Go Hedgehogs!" or whatever the school's mascot is, so the school will approve/enforce the wall?

Thanks for your reply, and any additional advice or even humor you can provide would be appreciated!

Cheers!
-RF

 

[geryon]

Since the school doesn't care, and neither of you have rights to this property, why don't you compromise and build a fence from the corner of the school property to the corner you have in common with pesky neighbor?

 

[rwf]

Divying up school property would be fine, except

1) the pesky neighbor has been landscaping and erecting fences on that "no-mans land" for 30 years and claims it is his land.

2) there are terrain issues that complicate that compromise.

3) I am leery of building on school property in case the school does someday wake from its coma and decide to care.

Yes, I am certain of the property lines and that neither the pesky neighbor nor I own the land. My only dispute is his "right" to erect a barrier prohibiting my access to public/school land he doesn't own. What legal recourse is available to prevent that, or reverse it when he builds it, as I am sure he will.

Other details I won't go into convince me a compromise fence is not an option with this neighbor. Otherwise, you make a reasonable suggestion.

Thanks for the reply!
-RF