What is the name of your state? California
We bought our house in CA five years ago and moved in a year ago. We are starting an addition and had to get a survey. From the survey we found that our neighbor's fence is off as much as 6 feet at the bottom of our hill on to our property. He is claiming adverse posession due to the fact that the fence has been there 30 years. This are is not a driveway or used except for grass. We have been told that to have adverse posession both parties had to do nothing to agree to the posession. The neighbor actually thought the fence was over too far on his property and the people we bought the house from would not have known since they never needed a survey. We have not agreed to it and were not aware of the problem. We have contacted him and said we would pay to move his fence and he has now gotten an attorney. Do we have any legal legs to stand on in this case? And if so what is it?
We bought our house in CA five years ago and moved in a year ago. We are starting an addition and had to get a survey. From the survey we found that our neighbor's fence is off as much as 6 feet at the bottom of our hill on to our property. He is claiming adverse posession due to the fact that the fence has been there 30 years. This are is not a driveway or used except for grass. We have been told that to have adverse posession both parties had to do nothing to agree to the posession. The neighbor actually thought the fence was over too far on his property and the people we bought the house from would not have known since they never needed a survey. We have not agreed to it and were not aware of the problem. We have contacted him and said we would pay to move his fence and he has now gotten an attorney. Do we have any legal legs to stand on in this case? And if so what is it?
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