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possible property line dispute

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Sidd

Junior Member
What is the name of your state? CA

My husband and I recently decided to build a new fence, to replace an old chain link fence between our house and the neighbor’s house. We planned on paying for it, without asking the neighbor to contribute to the expense since she is a retired woman living on a fixed income. Our house is on top of a hill and the neighbor is below us. Our contractor told us that the property line, as given from some paperwork he received from the city, had our property line about 15 feet closer to our neighbor’s house then the current fence is. We couldn't believe it, so we paid a surveyor come out to verify the property line. The survey confirmed that our property line is in fact 15 feet closer to the neighbors house then we thought. Our neighbor told us a while ago that the current fence has been there for at least 30 years, as she has been living in her house that long and using that 15 feet as part of her yard and dog run. We have confirmed that we are in fact paying property taxes on that 15 foot strip of land.

We are still stunned. We get alone well with our neighbor and certainly would hate to have a dispute over this. But I also don't want to continue to pay property taxes on land that I don't get to use. She is using the space only as a dog run and doesn't need the space to gain access to any other part of her property. She doesn't have any structures, driveways, or paths on that strip either. We don't know what to do at this point. Does she have a right to keep that land? Do we ask for it back? Advice and suggestions as to what options we have would be greatly appreciated.
 


Property taxes aren't the issue here. You need to google the term: "Adverse Possession" and lookup your state statute.

This is not legal advice, but what I would personally do, and immediately:

Rip out the old fence, put in the new one ON the property line. Do NOT ask her permission. It's your property according to the survey, take it back NOW.
 

seniorjudge

Senior Member
What is the name of your state? CA

My husband and I recently decided to build a new fence, to replace an old chain link fence between our house and the neighbor’s house. We planned on paying for it, without asking the neighbor to contribute to the expense since she is a retired woman living on a fixed income. Our house is on top of a hill and the neighbor is below us. Our contractor told us that the property line, as given from some paperwork he received from the city, had our property line about 15 feet closer to our neighbor’s house then the current fence is. We couldn't believe it, so we paid a surveyor come out to verify the property line. The survey confirmed that our property line is in fact 15 feet closer to the neighbors house then we thought. Our neighbor told us a while ago that the current fence has been there for at least 30 years, as she has been living in her house that long and using that 15 feet as part of her yard and dog run. We have confirmed that we are in fact paying property taxes on that 15 foot strip of land.

We are still stunned. We get alone well with our neighbor and certainly would hate to have a dispute over this. But I also don't want to continue to pay property taxes on land that I don't get to use. She is using the space only as a dog run and doesn't need the space to gain access to any other part of her property. She doesn't have any structures, driveways, or paths on that strip either. We don't know what to do at this point. Does she have a right to keep that land? Do we ask for it back? Advice and suggestions as to what options we have would be greatly appreciated.

We have confirmed that we are in fact paying property taxes on that 15 foot strip of land.


That could damage your case; hire a lawyer.
 

Sidd

Junior Member
to jpathfynder

I looked up some information about California real estate law and paying property taxes is an issue. I’m currently paying about $1000 a year for that strip of land according to the tax assessor. My neighbor can not claim adverse possession if I have been paying property taxes on that land. I'm just wondering, if she can't get my land through "adverse possession", would she be able to claim it with an easement, even though she is not using the property for anything other then a dog run.
 

John Se

Member
Just move the fence..what can she do?

Lots of people can run their mouth about all sorts of things but to pursue any legal avenues takes CASH**************and most people are not willing to part with that. Especially when they obviously dont have it.
 
Lots of people can run their mouth about all sorts of things but to pursue any legal avenues takes CASH**************and most people are not willing to part with that. Especially when they obviously dont have it.
This is most likely the case. Like I said in my first post, move the fence to the property line, then the ball is in her court. Other than a dirty look or two, the situation probably won't go any further.

Also, do not ask her permission or notify her any further, just put up the new fence. If you own it, act like you own it!
 

divgradcurl

Senior Member
This is most likely the case. Like I said in my first post, move the fence to the property line, then the ball is in her court. Other than a dirty look or two, the situation probably won't go any further.

Also, do not ask her permission or notify her any further, just put up the new fence. If you own it, act like you own it!
Your were wrong on adverse possession, and, given the facts the OP presented, there is no case for prescriptive easement. But you are spot-on here. Put the fence on the property line. If she wants to dispute it, she can, but she will need to do it in court, and she will need her own survey.
 

Sidd

Junior Member
Your were wrong on adverse possession, and, given the facts the OP presented, there is no case for prescriptive easement. But you are spot-on here. Put the fence on the property line. If she wants to dispute it, she can, but she will need to do it in court, and she will need her own survey.
Thank you for the advice. I did more research and you are correct. My neighbor can not claim adverse possession or prescriptive easement, since we live in California. This will make taking action much easier for us. My answer was found in an article about boundary disputes here: http://www.marinbar.org/members/news_archive/0611.pdf
 

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