Roseville Homeowner, Building Company in Dispute Over Fence Line

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A property dispute between a homeowner and builder is heating up.

Amber Cortez, 33, of Roseville, said her family is suffering the consequences after an oversight by the building designers.

"It's not what I purchased, it's not what was promised to me, and it's not what was in writing," Cortez said.

Last summer, Cortez and her husband spent their entire life savings to buy their dream custom home.

"I love all my neighbors, all the support, I love Roseville. I love the actual house, and the floor plan, and the design," she said.

Things changed when they began their landscaping process this March.

"The city of Roseville informed me that the builder put the fence in the wrong location," she said.

The problem with the fence sticking out is that when the neighbor would back out of his driveway, he has no clean line of sight of oncoming traffic. She was told this could be a safety hazard and a potential for T-bone accidents.

To fix the problem the builder, KB Homes, and the city gave the Cortez family three options.

  1. Lower the fence to 3 feet
  2. Pull back the fence closer to her walls
  3. Apply for an exemption from the City.

Fox 40 spoke to Craig Lemessurier, spokesman for KB Homes. He sent us this statement:

“We believe we have acted responsibly and taken all the appropriate steps in trying to satisfy our homeowners and resolve the fencing issue in accordance with city ordinances. Working with the City of Roseville, we offered several potential solutions, including moving the fences, shortening the fences and paying for an administrative permit that would allow the fences to remain in their original location. We also agreed to compensate each homeowner for any reduced square footage. While we have resolved the issue with one family and are near an agreement with another, Mrs. Cortez has thus far declined our repeated attempts to find a fair resolution.”

Cortez said each option came with major consequences. Lowering the fence would end up in a lack of privacy. Pulling the fence closer would mean having no view and thus a $90,000 reduction in property value. And applying for an exemption would be potentially causing a safety hazard and being dropped from her homeowner's insurance.

Two weeks ago, Cortez said she had to choose to bring in the fence closer and just like that, she lost 500-square-feet of land and her dreams of having a gate, a fire pit and a playground for her kids were shattered.

"I would like KB to buy the home back. They sold it to me, and they need to uphold their end of their bargain."

Cortez said she is ready to take KB Homes to court.

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