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California prescriptive easement question

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lisadmn

Junior Member
What is the name of your state? California

To make a long story short, it has recently come to our attention while planning a landscaping improvement project that the fence we thought was our property line may actually be 3 to 4 feet into our property. We have lived in our house for 9 years and the fence predates our occupancy. We live in Los Angeles and land is at a premium.

My neighbor has maintained the land on her side of the fence ( minimal landscaping, but no structures of any kind) as long as we have been here, treating it as her own. We have paid the property taxes, so she cannot claim adverse possession, but I am wondering what kind of claim she may have to a prescriptive easement? I have read old posts and believe that the courts currently favor the actual landowner unless there has been significant improvement by the encroacher.

I am wondering if she could indeed keep us from building a new fence on the correct property line and improving our side patio?

Many thanks in advance.
 



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