Property Lines

[stoutbme]

I am trying to find out if I have any legal rights if my neighbor after living next door for 14 yrs has a problem with us and now has called a company to do a survey and is telling us that the property line is a foot off in their favor. We feel of course it is in their favor because they paid for it, but since the neighbors didn't do this survey when they moved in (and neither did we) can they legally do it now? We live in the city of Anaheim, Ca?

 

[justalayman]

I do not believe a surveyor would risk going to prison to benefit a guy one foot of property and that is what could happen if he got caught intentionally doing what you suggest.

If you don't trust that surveyor, you are welcome to hire your own surveyor.ou


they can legally hire a survey anytime they want. If you believe you have a prescriptive easement claim or an adverse possession claim, you are welcome to explore that possibility.

 

[NC Aggie]

I concur with justalayman, I doubt a surveyor would risk their license and livelihood for a client. A surveyor is not a lawyer, he only offers his expertise or opinion on the location of lot lines/corners....he doesn't necessarily argue the position of his/her client. You certainly have the right to have your own survey done or pursue an adverse possession claim, however, how much sq footage or acreage would this 1 foot difference equate? Is the value of this more than the legal/court fees you would pay to fight for the land? Those are questions you have to consider.

 

[tazzywatanabe]

ck into "grandfather" rules. My mom owned a house in redlands ca that had a similar issue with a neighbor. New owners wanted to claim about a foot of property along a common fence line. They were not able to do it because the old boundries were considered to be establish and unchangable... the fences, landscaping etc were considered
valid lines. This was about 20 yrs ago so may be outdated info but could be worth checking out.

 

[HuAi]

"Grandfathering" is really a laymen's term for a number of different legal theories that justalayman described such as adverse possession, acquiescense, or prescriptive easement.

Here is an article that nicely describes adverse possession and easements:

http://www.dot.ca.gov/hq/row/landsurveys/Study_material/California-Adverse-Possession.pdf

Did you get a survey done when you purchased the house or any time since then? If so, what does it show? What did you have on this strip of land for the last 14 years? Was it fenced in? Are there any structures on it? Have you been paying taxes on this additional land? Are there any improvements to the strip such as utility lines, or a driveway?

Answers to these questions will define your options.