Wednesday, October 4, 2023
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Good Fence, but a Bad Neighbor

ESCONDIDO, Calif. (CN) - A homeowner says the owner of an RV park demolished part of her house because it was over his property line, though her house had stood there legally for 50 years. Harriet Wachs says her neighbor Charles Williams, took matters into his own hands when he "cut off, demolished and hauled away approximately one-fourth" of her house in an unincorporated area of Escondido.

Williams, who owns an RV park and convenience store next to Wachs' property, sent her a letter through his attorney demanding that she move the part of her house that extended across the property line.

Wachs says her lawyer responded by requesting that Williams "refrain from demolishing any portion of the residence because even if the residence was built across the property line, it had been there for fifty (50) years and plaintiff had acquired a prescriptive easement over that portion of defendant's property".

But Williams demolished one-fourth of the house anyway, then installed a 6-foot-high chain-link fence "on what defendant Williams alleges to be the property line," the complaint states. "The fence has cut off plaintiff's access to the residence."

Wachs demands punitive damages for trespass and conversion, quiet title, and an injunction ordering Williams to remove the fence and allow her back into her house.

She is represented in San Diego County Court, Vista, by Larry Lushanko of Fallbrook.

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