Matthews Mom, Camelia

[Matthewss]

What is the name of your state?California. I'd really appreciate your advice in this matter. The neighbor has been parking on our property for around the last 2 to 3 months since he surveyed his property, and is now claiming its his property. His property does cut into our property maybe 2 feet going up like a pie shape where we have a tree; however, our property is on a hill and there is a block wall with a fence, dividing our properties, also, there is a retaining wall facing the street on our property; the neighbor is parking below the retaining wall. I own the property since 1997 or 98, have to check the Deed, anyway, the Property has been in the family for 46 years; my mom passed it on to me. There's no communicating with this neighbor, he's very irrate and can be your worse nightmare, if you let him. I put no trasspassing signs up, and private property sign; the parking officers said, by doing that, the neighbor could be cited for parking tickets; I haven't called the parking people. I thought, I should get some legal advice before I proceed. There has been a fence dividing the property, and retaining wall for more than 25 years; I did have my property surveyed in 1980; I loaned my survey to the neighbor and never got it back, of course, the same guy causing me all these problems; Thats around the time he moved into our neighborhood. Do I need to file for Adverse Possession and quiet title? Is this a case of Easement or Encroachment? Please let me know, so I can settle this problem, once and for all. Also, I wanted to mention, the track I live on, the homes were
built in 1920, and everyones lot on this track does ease or have an encrouchment into all of the neighbors. The irrate neighbor, lost part of his property to a builder on the other side of his propery, where an apartment building was built. I'm not sure what happened in that case, but the irrate neighbor is now trying to do the same to me now. Please Advise, Thanks, Camelia.
encroachment

 

[PghREA]

I would suggest that you have YOUR property surveyed before doing anything. If you do own what you think you own and your neighbor is encroching on your property, have an attorney write him a letter.

 

[Matthewss]

I guess I'll have to do another survey, but from my last survey, I do remember the property line does cut into my property past the fence like I described. If it is the same survey and I have had a fence there for the past
25 years, is it my property to claim as mine? Will I have to claim adverse selection to settle the matter? Ca. law is after 5 years for adverse selection. Please advise. Thanks, Camelia