• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Property line dispute in California

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Debbie-in-SD

Junior Member
I am in Los Angeles, California. I bought my house about 15 years ago. My backyard is very shallow and we have always wished it was bigger. My house backs up to another residential property that is significantly larger - about 1 acre. At the front of that property is the main house and at the very rear of the property is a guest house. Recently while driving through the neighborhood we saw that the house had signs up for an "estate sale". We decided to go in and see what they were selling. My wife ended up talking to the woman who lived there. She said they were pulling up stakes and moving to Texas. They got to talking about the two properties and she said, "Yeah, you know, many years ago we hooked up to your septic tank back there. We knew you guys weren't using it and it was too expensive for us to go all the way to the street so we hooked up to it."

My wife came home and told me what the woman said and I thought, "That's curious, I didn't know there was a septic tank there." I ended up looking at the LA City Planning's ZIMA website which has aerial photos of parcels with the property boundaries drawn. I cross referenced this to the title policy I received when I bought the house. It turns out we have a wall that is about 10 feet inside our property line for all 150 of the backyard width. In looking over the wall I can see the guest house's septic lines with a cleanout cap are on my property.

I don't believe he'd be able to claim adverse possession because though he has used it "open & hostile" he couldn't prove he paid taxes on it.

The property is currently on the market for sale. The other day I sent a certified letter to the owner and his real estate agent advising him of the issue and requested that he contact me to resolve it. The realtor picked up the letter. The property owner has not.

I don't know what to do at this point. I don't want to be a jerk but I also want my property. We are not far from the beach, the land is valuable so I don't want to just say, "Oh well, he's been using it all these years so he gets to keep it." It will be expensive for him to pull the septic lines and hook to the sewer, maybe north of 10 grand. I imagine that is why he hasn't contacted me.

Any advice on how to proceed is appreciated.
 


FarmerJ

Senior Member
assuming your home itself is on city sewer then what I suggest is first that you find out from your city what its city sewer connection rules are / were going back to the time your home was connected. If you learned that the city wrote a ordinance that forbid structures to remain connected to a septic system when city sewer was available then I would suggest you learn if that neighbors guest home ever had a permit filed to be connected to city water /sewer . Then Id say to plan on having your property surveyed and speak to a attorney about contacting the current seller for you. ( your city might just order them to cease use of that structure until they get connected to city sewer if the city did that id say it would make it all the easier for you to disconnect that line at your property line and have that tank filled with gravel or what ever your city says is ok to fill it with
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top