nowhere to relocate well

[rachel19]

What is the name of your state? california

I purchased my home and property 7 years ago. I did not have a survey done. My well was installed with couny permits in 1972, about 10 feet from the east side of (what I assume) my property line is. I assume this is my property line because of an existing 30-year-old fence dividing our properties. Last week, a "gentleman" purchased an emty lot adjoining the east side of my property. He brought a surveyor in who put 2 corner markers approx 30 feet west of the existing fence. If the surveyor is correct, I'm not nearly so concerned about the idea of the loss of property, but my well is sitting right in the middle of the property in question. Due to the placement of several septic systems in the area, I have no place to relocate my well. There are no public water systems in my immediate area. Can my new neighbor take posession of my well?

 

[nextwife]

Offer him an agreement to "allow you" to continue using the well on HIS land. Perhaps a modest lease?

FYI-remember that ANY expensive improvement should be done with benefit of survey. You have no way of knowing if a fence was placed ON the lot line or 30 feet over. Who knows? Maybe thirty years ago, the current fence was part of a corral of fences around an enclosure? Maybe there was a row of hedges ON the lot line then, so he built it within the lot? You can NOT "presume" that a fence, probably also built without benefit of survey, was placed on the lot line.

 

[rachel19]

adverse posssession???

I have owned the property for only 7 years. Both the well AND the fence have been there for about 30 years. The neighbor is hostile, and feels this "aquisition" is exactly what he needs to boost his ego. As for hindsight...well i'll never buy another property without a survey prior to close of escrow. does anybody know if I am covered by "adverse possession" under california law?

 

[nanomug]

When are you doing your survey? Just because there are markers doesn't mean that it is what you think it is. Was the well mentioned in any property documents? Talk to the title company and find out what they have to say about this. You paid title insurance to insure that things were the right way.

 

[nextwife]

When are you doing your survey? Just because there are markers doesn't mean that it is what you think it is. Was the well mentioned in any property documents? Talk to the title company and find out what they have to say about this. You paid title insurance to insure that things were the right way.

Ummmm, the Owners Policy of Title Insurance takes standard exception to coverage over survey matters (look at any preliminary commitment, Schedule B-II, items 6,7,& 8. These exceptions are ONLY removed if a current survey identifying the location of all improvements is provided to the title insurer PRIOR to closing for review.

Thus, UNLESS the title company removed the survey exception, ONLY survey issues already "of record" would be covered matters.

 

[divgradcurl]

nextwife is right about the title insurance, but nanomug has a point -- you need to hire your own surveyor and get your own survey done -- that's the only way to know who is right.

Of course, if the surveys disagree, then a judge gets to decide which one is right!

As for adverse possession, AP in California is very difficult to prove. There is a fairly short time period -- 5 years -- but you need to be able to show that you paid taxes on the area you are attempting to acquire via AP for the entire 5-year period.

In addition to a survey of your own, you need to be talking with an attorney.

 

[rachel19]

prescriptive easement???

thanks divgradcurl!
you seem to know what you are talking about. do you (or someone) know if I can sue for a prescriptive easement? what are the variables associated with a PE? What do I need to be able to prove to get one?