My fence on his land 26 years

[Cogen Man]

What is the name of your state? California

My Fence on his land

I bought my house 8 years ago and all fences around my 1/4 acre lot were in tact. In fact they have not been moved since the house was built 26 yrs ago. A hill seperates my back yard from above neighbors back yard. He has survey done and says that my fence is on his land. Says my back line should be 1 ft. lower on right and 10 ft. lower on left 82ft. across. ttl aprox:
500 sqft. Do I have an adverse possetion claim? or a prescriptive easement? Someone please help ~ Greatful.

 

[BelizeBreeze]

What is the name of your state? California

My Fence on his land

I bought my house 8 years ago and all fences around my 1/4 acre lot were in tact.

Then why does your title say it's been on your land for 26 years when you haven't owned the land that long?

In fact they have not been moved since the house was built 26 yrs ago.

Irrelevant.

A hill seperates my back yard from above neighbors back yard.

Irrelevant

He has survey done and says that my fence is on his land. Says my back line should be 1 ft. lower on right and 10 ft. lower on left 82ft. across. ttl aprox:
500 sqft. Do I have an adverse possetion claim? or a prescriptive easement? Someone please help ~ Greatful.

And what do you want help with? moving the fence?

 

[seniorjudge]

What is the name of your state? California

My Fence on his land

I bought my house 8 years ago and all fences around my 1/4 acre lot were in tact. In fact they have not been moved since the house was built 26 yrs ago. A hill seperates my back yard from above neighbors back yard. He has survey done and says that my fence is on his land. Says my back line should be 1 ft. lower on right and 10 ft. lower on left 82ft. across. ttl aprox:
500 sqft. Do I have an adverse possetion claim? or a prescriptive easement? Someone please help ~ Greatful.

It sounds like his fence is on his land.

 

[Cogen Man]

Fence on his land 26 years

CA

Clairification...It's my understanding that the prescriptive easement laws in California say open and ect. for 15 yrs. I have only owned for 8, however fence in same spot for 26 yrs. Does the 15 yr period include previous owner(s) putting me past the 15 yr. period

 

[seniorjudge]

CA

Clairification...It's my understanding that the prescriptive easement laws in California say open and ect. for 15 yrs. I have only owned for 8, however fence in same spot for 26 yrs. Does the 15 yr period include previous owner(s) putting me past the 15 yr. period

Yes, you can tack on prior owners' claims.

However, as I said, it sounds like his fence sits on his land (since neither of y'all put the fence there).

What are your claims to this land?

Do YOU have a survey?

Is your legal description in a subdivision or is it a metes and bounds description (look on your deed)?

 

[JETX]

Simply putting up a fence does NOT meet the requirements for adverse possession.

The key to adverse possession is “open and notorious” possession of property without the title holder taking steps to remove you for a stated period of time. In California, the Legislature has passed precise criteria for what must be done in order to have a claim of adverse possession and the law is found in the Code of Civil Procedure at Section 325.
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=66028122883+1+0+0&WAISaction=retrieve

For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only:
First--Where it has been protected by a substantial inclosure.
Second--Where it has been usually cultivated or improved.
Unless you did more than put up a fence.... you wouldn't meet the requirements.

Further, you have to SHOW that "the land has been occupied and claimed for the period of five years continuously, and the party or persons, their predecessors and grantors, have paid all the taxes, State, county, or municipal, which have been levied and assessed upon such land."