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Boundary statment

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zductive

Junior Member
What is the name of your state? California

My neighbors planted some bushes along a strip of land on the side of my driveway. I gave them permission to do this about 4-5 years ago with the condition they be kept up and taken care of by them. Although they water the shrubs, I must pay my gardner to cut and maintain them as they have not followed through on there promise.
Now they are questioning if that is really my land. My deed describes the exact property dimensions but without an actual picture showing this, I may be up for a fight. Is there a form or document I can prepare that will demonstrate that they are using my land and I have the rights to maintain the shrubs in any matter I choose to or have them removed.

Thanks for any and all assistance.

Curtis
 


HuAi

Member
Send them a certified letter letting them know that you are revoking their license to use your land and they have 10 days to remove the bushes. If they don't bite, you'll have to spend $1000 or so on a survey to have the boundaries marked, and take them to court for trespass.
 

divgradcurl

Senior Member
What is the name of your state? California

My neighbors planted some bushes along a strip of land on the side of my driveway. I gave them permission to do this about 4-5 years ago with the condition they be kept up and taken care of by them. Although they water the shrubs, I must pay my gardner to cut and maintain them as they have not followed through on there promise.
Now they are questioning if that is really my land. My deed describes the exact property dimensions but without an actual picture showing this, I may be up for a fight. Is there a form or document I can prepare that will demonstrate that they are using my land and I have the rights to maintain the shrubs in any matter I choose to or have them removed.

Thanks for any and all assistance.

Curtis
If you gave them permission, they could care for shrubs on your land for a thousand years and the land you never become their land. Permissive entry onto land cannot result in adverse possession. Further, in California, there is a requirement that the adverse possessor pay property taxes on the land they intend to acquire for 5 years, in addition to the open, notoprius and hostile use of the land.

EDIT: I may have missed the point of your question. If there is some question as to where you actual boundaries are, if you can't agree to them, then you will need a survey. If, however, there is no question that this is your land, and they are wondering whether their use of the land now gives them title to it, see above.
 
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zductive

Junior Member
Survey next step

Looks like I will have to hire a surveyer to review and mark the boundries of the property. These mesurements are listed on the deed in detail.
Is there a form I can complete and get notarized that will stand up in court if I am contested?

Thank you,
Curtis
 

justalayman

Senior Member
a surveyor is a state licensed professional and as such, his report with whatever stamp or certification or whatever the state requires him to use, is admissable in court.
 

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