Adverse Possession - California

[DreinLA]

What is the name of your state? California

We are in the process of selling our house - over the past year, the owner of the property next door has demanded $$ for a property line survey that she claims was done. We have asked several times that she #1 - contact us in writing and #2 - sho documentation that a survey has been done, to no avail. (She's a troublemaker and a bully.) Now she has sent our broker a letter demanding payment and that we move the fence she claims is on her property. (We still have no proof that it is.) The fence has been in place for at least 7 years and she's saying that Adverse Possession does not apply because it's 5 years from whenver the property owner notices the tresspass, not from when the tresspass has occured. My understanding is the latter. Which is it?

 

[seniorjudge]

What is the name of your state? California

We are in the process of selling our house - over the past year, the owner of the property next door has demanded $$ for a property line survey that she claims was done. We have asked several times that she #1 - contact us in writing and #2 - sho documentation that a survey has been done, to no avail. (She's a troublemaker and a bully.) Now she has sent our broker a letter demanding payment and that we move the fence she claims is on her property. (We still have no proof that it is.) The fence has been in place for at least 7 years and she's saying that Adverse Possession does not apply because it's 5 years from whenver the property owner notices the tresspass, not from when the tresspass has occured. My understanding is the latter. Which is it?

http://www.rs2477roads.com/2plcrpt.htm

http://bankruptcy.mongabay.com/resources/Adverse_Possession.html

http://dirt.umkc.edu/dd120296.htm

Some info to help you with your research.

 

[DreinLA]

Thank you!

 

[nextwife]

Demand to see a copy of the alleged survey, showing the location of the fence in relation to the lot line. Until you have a copy, nothing is proved.

How did you determine the correct location for your fence? If you did it right, and had a survey done, it is likely she could be wrong about the fence encroaching.

 

[seniorjudge]

What is the name of your state? California

We are in the process of selling our house - over the past year, the owner of the property next door has demanded $$ for a property line survey that she claims was done. We have asked several times that she #1 - contact us in writing and #2 - sho documentation that a survey has been done, to no avail. (She's a troublemaker and a bully.) Now she has sent our broker a letter demanding payment and that we move the fence she claims is on her property. (We still have no proof that it is.) The fence has been in place for at least 7 years and she's saying that Adverse Possession does not apply because it's 5 years from whenver the property owner notices the tresspass, not from when the tresspass has occured. My understanding is the latter. Which is it?

Sounds like you already told her what you need to tell her.

Ignore her.

 

[meeowser]

Have the same problem

I have the same problem as you. We have an empty lot next to us that just went up for sale. Our home was built in 1987. The trees that line our house have been here for that long as well as the fence. Now the owner of the lot just did a survey and they say that our fence needs to be moved 9 feet back onto our property. If you find out anything about adverse possesion let me know. I live in Ca as well.