What is the name of your state (only U.S. law)? CA
We purchased our house a year ago and were told by the real estate agent that the property lines were metal markers on the sidewalk. When we asked our neighbor, he said the markers couldn't be trusted (his property line was encroaching onto our property based on the markers, and a wooden and chain-link fence was in place between our two properties.
When we cleared away overgrown bushes from the fence this summer, we realized that the bushes had been holding up the fence; the fence now needs to be replaced as it is falling over. To settle the issue regarding the property line, we had our property surveyed by a licensed surveyor ($1000) and it turns out the property markers in the sidewalk were correct. The surveyor also marked the points at the back of the property and it turns out that our land extends ~ 20 ft beyond the fence at the back. We estimate ~2000 sq. ft. of our land is on "their" side of the fence.
We would like to relocate the fence to the property line, however, the neighbor claims he has rights to the land because he improved it 30 years ago (cleared brush from it and installed a sprinkler system). We have been paying the property taxes, and would like to have access to the land! The front part of the property is on a slope and building a fence would also require building a pricey retaining wall- something we are not prepared to do. The slope in the backyard is not as steep, however, and we would like to move the fence in this location.
We have offered to let the neighbors continue having access to the front part of the land, and we will only move the fence in the back. Our neighbor is elderly and has willed the home to his religious organization. He keeps telling us that whatever HE decides, he will make it clear to his church what the property resolution was! As far as we are concerned, he really doesn't have a decision to make- we do!
Does he have a case for adverse possession? Can we move the fence without having to consult them? Do we need to pay to remove the fence, or should they? What do we do about the sprinkler system? We have offered to help them move it, but they are not thrilled.
We purchased our house a year ago and were told by the real estate agent that the property lines were metal markers on the sidewalk. When we asked our neighbor, he said the markers couldn't be trusted (his property line was encroaching onto our property based on the markers, and a wooden and chain-link fence was in place between our two properties.
When we cleared away overgrown bushes from the fence this summer, we realized that the bushes had been holding up the fence; the fence now needs to be replaced as it is falling over. To settle the issue regarding the property line, we had our property surveyed by a licensed surveyor ($1000) and it turns out the property markers in the sidewalk were correct. The surveyor also marked the points at the back of the property and it turns out that our land extends ~ 20 ft beyond the fence at the back. We estimate ~2000 sq. ft. of our land is on "their" side of the fence.
We would like to relocate the fence to the property line, however, the neighbor claims he has rights to the land because he improved it 30 years ago (cleared brush from it and installed a sprinkler system). We have been paying the property taxes, and would like to have access to the land! The front part of the property is on a slope and building a fence would also require building a pricey retaining wall- something we are not prepared to do. The slope in the backyard is not as steep, however, and we would like to move the fence in this location.
We have offered to let the neighbors continue having access to the front part of the land, and we will only move the fence in the back. Our neighbor is elderly and has willed the home to his religious organization. He keeps telling us that whatever HE decides, he will make it clear to his church what the property resolution was! As far as we are concerned, he really doesn't have a decision to make- we do!
Does he have a case for adverse possession? Can we move the fence without having to consult them? Do we need to pay to remove the fence, or should they? What do we do about the sprinkler system? We have offered to help them move it, but they are not thrilled.