My parents need help!!

[salller1]

What is the name of your state?ca

ok my parents have been living on their property for over 25years with no problems untill now. the neighbor next door has decided to put in a new fense about 5inches thick the problem is the city came out to inspect the construction of this new fense because another neighbor complained about it encrouching on his property. now the city is saying that the neighbor thats building the fense must build it 4 feet into my parents property. this will not allow them to use a walk way that leads to the back yard that we have used for years.

1. can my parents do anything to stop this, dont we have some sort of easment?

2. since they have been using that walk way for over 25years dont they have some sort of rights?

 

[BelizeBreeze]

First of all, the city is not the final authority. While they may have said they have to do something, ONLY a current survey will determine the property lines. IF it's found that the property in dispute is not your parents, there isn't much they can do about it.

If not and they do own the property, then they can tell the neighbors to pound sand.

 

[salller1]

ok thnkx for some of your help but what if the current survey finds that they indeed own that extra 4 feet inside my parents property. do we have any rights whatsoever? or are our hands tied?

 

[lwpat]

asked and answered

 

[PghREA]

ok thnkx for some of your help but what if the current survey finds that they indeed own that extra 4 feet inside my parents property. do we have any rights whatsoever? or are our hands tied?

If the neighbor does, in fact, own the four feet "inside your parents" property - then your parents have no claim to the property and the fence can be errected. You need to have a survey done.

 

[salller1]

ok thnk you all. as it turns out my parents neighbor has paid for a land surveyer and he was the one who told her that she had the extra 4 feet. now is their any chance that by us paying for our own surveyer that we will get a diffrent result for our own property? also do my parents not have a easment for that walkway at the very least????

 

[PghREA]

Yes, it is possible that you will get a different result if you have the property resurveyed. If the land does belong to the neighbor, and if the property that your parents live in has an easment for the walkway, it will be noted in the deed.

 

[Ciarraine]

it will be noted in the deed.

Not necessarily.