Ball v. Harder

MUSSELL, Acting P. J.

This is an action involving a boundary line dispute between owners of real property in Lots 181 and 188, Etiwanda Vineyards Tract, in the Township of Fontana, San Bernardino County.

It is alleged by appellants in their first amended complaint that they are owners of the west one-half of the east one-half of each of said lots; that respondents are the alleged owners and in possession of property adjacent to the west side of the appellants’ property; that prior to September 21, 1955, re

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spondents placed and maintained a large board fence, running in a northerly and southerly direction along and upon the west side of appellants’ property and extending inside of it approximately 13.75 feet; that appellants had demanded that respondents remove said fence and that they refused to do so. The prayer of the complaint was that appellants have judgment for the encroachment and trespass on their property, for damages, and that respondents be required to remove said fence.

Respondents, in their answer, admitted ownership of the property adjacent to the west of that of appellants’; admitted placing and maintaining the fence; admitted a demand was made for its removal, and that they had refused to comply with said demand. In addition to their answer, respondents filed a cross-complaint in which they alleged that they were the owners of the west one-half of said Lots 181 and 188; that appellants claimed an interest therein adverse to respondents and had unlawfully erected a fence upon the east side of respondents’ west one-half of Lot 181; that appellants were unlawfully in possession of a 13-foot strip of respondents’ property on the east side of their west one-half of said Lot 181; and that appellants had refused to give up said strip, although requested to do so. Respondents prayed for judgment quieting title, for removal of appellants’ fence, and for damages.

It is admitted by the parties hereto that the record title of the west one-half of the east one-half of Lots 181 and 188 is in appellants and that the title to the west one-half of Lots 181 and 188 is in the respondents; that the respondents have erected a fence along what they claim to be the east boundary line of their west one-half of lot 188; that appellants have erected a fence along what they claim to be the boundary line dividing the east and west halves of Lot 181; that appellants claim that the fence on Lot 188 is approximately 14 feet east of the true boundary line; that respondents claim that the fence on Lot 181, which is directly to the north of Lot 188, is approximately 13 feet west of the true boundary line and that the respondents’ fence on Lot 188 is 13.75 feet west of the true survey line.