Acquiescence to a Boundary Line

[mit0914]

What is the name of your state (only U.S. law)? California


We bought our house in 1991. There is a 2 feet tall, 100 feet long retaining wall between ours and next neighbor’s. Our front yard lawn was planted to the wall, and we planted fruit trees along the wall, landscaped, maintain the yard up to the wall for the last 22 years. I and my neighbor always treat the wall as our property line – he cleaned his side and we took care our side. Recently we had a break in. We would like to have a fence put up along the wall, on our side, with a front gate, to keep the new dog in, for security. I discussed the fence to my neighbor, and he had no objection and said it’s my fence on my property. An hour later he came over and said he would not allow to have the fence near the wall, since the property line was 14” from the wall, on my side.

My neighbor and I have been treating the wall as the property line since 1991. I really don’t want to cut down all the matured fruit trees for the fence. Does the law of Acquiescence to a Boundary Line apply here?

Thank you.

 

[LdiJ]

What is the name of your state (only U.S. law)? California


We bought our house in 1991. There is a 2 feet tall, 100 feet long retaining wall between ours and next neighbor’s. Our front yard lawn was planted to the wall, and we planted fruit trees along the wall, landscaped, maintain the yard up to the wall for the last 22 years. I and my neighbor always treat the wall as our property line – he cleaned his side and we took care our side. Recently we had a break in. We would like to have a fence put up along the wall, on our side, with a front gate, to keep the new dog in, for security. I discussed the fence to my neighbor, and he had no objection and said it’s my fence on my property. An hour later he came over and said he would not allow to have the fence near the wall, since the property line was 14” from the wall, on my side.

My neighbor and I have been treating the wall as the property line since 1991. I really don’t want to cut down all the matured fruit trees for the fence. Does the law of Acquiescence to a Boundary Line apply here?

Thank you.

The first thing you need to do is get a survey done to figure out exactly where the boundary line actually is. Once you have that information, then you can figure out how to proceed.

 

[mit0914]

I check the county assessor map today, which shows the two said lots have 50’ width lot, and the 200 ft long property line between the two is a straight line.

Currently 14” from the property line, on the neighbor side, is the 100 ft long 2 ft high wall, and continues from this wall is a 7ft high, 100ft retaining wall, on his property and near the property line. We have a 5 ft tall wall on our side, along the neighbor 7 ft tall wall with 1 inch space between the two walls.

Assuming I hire the survey service, and it show the county assessor map is true, that the property line is 14 inches from the 2 ft wall, on my side of the wall. This means we have been landscaping, planting fruit trees, trimming his overgrow ivy vines and his tree branches up to the 2 ft wall, 14 “ on his property, for 22 years. Can I legally put up a fence, next to the 2 ft wall, to keep the dog in? We both don’t want to cut the beautiful fruit trees for the fence. I’m afraid If I put up the fence 12” from the property line, on my side, to save the fruits trees, then no one will take care the 12” + 14” = 26” x 100’ strip between the low wall and the fence – the ivy vines will be everywhere on the fruit trees since the fence will cut me off from the fruit trees.

Thank you

 

[154NH773]

You may well have a good case for a boundary by acquiescence.

(See http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=1230&context=llr&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3Dcalifornia%2520boundary%2520by%2520acquiescence%26source%3Dweb%26cd%3D3%26ved%3D0CEsQFjAC%26url%3Dhttp%253A%252F%252Fdigitalcommons.lmu.edu%252Fcgi%252Fviewcontent.cgi%253Farticle%253D1230%2526context%253Dllr%26ei%3DHG66UarcGrPo0wGhy4HYCw%26usg%3DAFQjCNE4eDjOZ4kRRQBFyMxFCNGkaG3Nig%26bvm%3Dbv.47883778%2Cd.dmQ#search=%22california%20boundary%20by%20acquiescence%22

You would have to file a case for Quiet Title, and then you would have to prove the requirements of acquiescence. A good lawyer may be able to make good case, but it will ultimately be up to a court judge to decide, and that could go any way regardless of the law. Of course you could appeal an adverse rulling, but you might be better off getting rid the dog and taking your chances with the burglers. If your neighbor wants to fight your claim, which I'm sure he will, it will be very expensive.

 

[mit0914]

154NH773,

Thank you for the linked article. I really enjoy reading it with those historical cases in this very confusing, interesting law. Janice Patronite had demystified the law ,IMHO, in a simple plain English.

My wife was so scare after the burglar, that she insisted to have front gates put on both side of the house -- one on the long driveway, and one on the "agreed boundary" side, as in many photos she had taken walking around the neighborhood. I think it's time for me to show her the cost of hiring a good lawyer, or forget about the gate. However, even though I had not noticed this before, but since the burglar, it seems most houses in the neighborhood have both front gates, and they might help to deter the "trespassers".

Anyone can give me a guess of attorney fee I would expected for filing Quiet Title, in Los Angeles?

Thank you

 

[Ben T]

There are filing fees with the local court. This won't be too bad. Let's say a couple of hundred? You can see typically see a fee schedule (online) for your locale.

After that - finding a real estate attorney who knows what they are doing will vary. Knowing what they are doing is important as they will have to look up case law, ordinances, write, talk to you and file. Ask about their experience first. A per hour can vary. But let's say $150.00 and up. 150 being the low end of the scale. They may also quote a one time fee with extra $ if they have to physically appear in court on your behalf. At the end of the day you will be paying out a couple of grand, or more? This is also leaving out the fact that your neighbor may disagree with what you are doing and they hire their own lawyer.

Personally, I would opt for some type of physical, or visible video deterrent. This allows you to maintain the trees and keep good relationship with your neighbor. There are also dog growl emulators. Alarm systems could possibly lower house insurance and could be patched into a local service provider, or police.