What is the name of your state? CA, South San Francisco
I recently bought my house in 08/2004. At the time of my purchase, the seller's discolsed info stated the neighboring house to my left may have been built on my property. This is because the original owner's of both houses was his grandfather. The seller inherited my house from his father who inherited it from his grandfather. The grandfather gave the house to my left to his daughter who eventually sold it in 2002 to my current neighbors.
I went ahead and purchased the house with the intent on performing a lot line adjustment or selling the portion the house to my left is on. I informed my neighbors as soons and the title cleared and I became the owner. I infromed them I would pay to have a land surveyor confirm what was disclosed to me. The land surveyor confirmed the house to my left is approximatley 1.75 feet over the north property line. I infromed the neighbors of this issue.
The neighbors told me they were also unsure of an issue regarding the property line because on the north side of my property is the only direct access to both our backyards. My neighbor does have a back door that leads to their backyard and I have a 4x3 cubby doors that allows access into my backyard. My neighbor also told me they had concerns about the property line because the previous owner of my house rented to tentants who used the access way to access the backyard and place their trash cans.
Furthermore are are two fences in the backyard. One is an old chain link fence and is on the north property line and another wooden one which is approximately 3 feet south of the north property line and ends apprxomately 3 feet east of the rear structure of my home and rests with a broken gate against my house.
After discussing the idea about a lot line adjustment, they sought a lawyer for possible damages against the seller of their property. After 2 months of waiting, I contacted their lawyer, who tells me they are seeking a prescriptive easement to obtain my land, up to where the old wooden fence is. They are also trying to claim the only direct access to the backyard. This is totally approximtely 300-400 feet, because my lot size is only 2,500 feet. The lawyer is attempting to make a claim stating my neighbors have constantly used the land for the almost three years they have owned the property and stating they only need to prove the house to my left only need prove 5 years on constant use of the land to claim it.
Since living at my house, I as well as my neighbors have used the direct access to the backyard, although my neighbor rarely (in fact I have never seen them) keep up with the weeds, ivy, tree trimming (which had reach to my structure and I had to trim) or anything else in their backyard. To me it was pretty obvious the lot line was going to be an issue when I bought the house because all the lots on my block are all 2,500 sq feet and the house to my left is a lot wider than my house and their is no walkway to the right side of my house, suggesting the direct access to the backyard was mine to begin with.
Sorry for the long letter, but I wan't to provide as much information as possible to get a more accurate response.
My question is due they have a good claim and I should be worried about losing my land, or are they going to have to prove a complete burden of proof about the land usage. It's getting frustrating because I want to re-landscape my backyard and put up a fence that doesn't poss as a hazard.
Hans
I recently bought my house in 08/2004. At the time of my purchase, the seller's discolsed info stated the neighboring house to my left may have been built on my property. This is because the original owner's of both houses was his grandfather. The seller inherited my house from his father who inherited it from his grandfather. The grandfather gave the house to my left to his daughter who eventually sold it in 2002 to my current neighbors.
I went ahead and purchased the house with the intent on performing a lot line adjustment or selling the portion the house to my left is on. I informed my neighbors as soons and the title cleared and I became the owner. I infromed them I would pay to have a land surveyor confirm what was disclosed to me. The land surveyor confirmed the house to my left is approximatley 1.75 feet over the north property line. I infromed the neighbors of this issue.
The neighbors told me they were also unsure of an issue regarding the property line because on the north side of my property is the only direct access to both our backyards. My neighbor does have a back door that leads to their backyard and I have a 4x3 cubby doors that allows access into my backyard. My neighbor also told me they had concerns about the property line because the previous owner of my house rented to tentants who used the access way to access the backyard and place their trash cans.
Furthermore are are two fences in the backyard. One is an old chain link fence and is on the north property line and another wooden one which is approximately 3 feet south of the north property line and ends apprxomately 3 feet east of the rear structure of my home and rests with a broken gate against my house.
After discussing the idea about a lot line adjustment, they sought a lawyer for possible damages against the seller of their property. After 2 months of waiting, I contacted their lawyer, who tells me they are seeking a prescriptive easement to obtain my land, up to where the old wooden fence is. They are also trying to claim the only direct access to the backyard. This is totally approximtely 300-400 feet, because my lot size is only 2,500 feet. The lawyer is attempting to make a claim stating my neighbors have constantly used the land for the almost three years they have owned the property and stating they only need to prove the house to my left only need prove 5 years on constant use of the land to claim it.
Since living at my house, I as well as my neighbors have used the direct access to the backyard, although my neighbor rarely (in fact I have never seen them) keep up with the weeds, ivy, tree trimming (which had reach to my structure and I had to trim) or anything else in their backyard. To me it was pretty obvious the lot line was going to be an issue when I bought the house because all the lots on my block are all 2,500 sq feet and the house to my left is a lot wider than my house and their is no walkway to the right side of my house, suggesting the direct access to the backyard was mine to begin with.
Sorry for the long letter, but I wan't to provide as much information as possible to get a more accurate response.
My question is due they have a good claim and I should be worried about losing my land, or are they going to have to prove a complete burden of proof about the land usage. It's getting frustrating because I want to re-landscape my backyard and put up a fence that doesn't poss as a hazard.
Hans