Property Line/Survey

[NoJustice]

Mariposa County, CA. I purchased 9+ acres in 1989. Was not surveyed, lot split was completed by local attorney and I was "told" where the property lines were. In Aug. 2000, I had survey done in anticipation of selling property. Turns out the property line is within 22.5 feet of one end of neighbors house and 3.5 feet on the other end of house and the well is at least 15 feet on my property. Of course this was not where I had been "told" the property lines were in 1989. The neighbor has been using my property for parking and turnaround since I've owned the property and prior to my owning the property. They have also been using the well for the same period without knowing it was actually on my property. We have also used the parking area and turnaround when checking on the upper portion of our property and have been getting water from the well since 1996. Since we were not aware we owned the well, we had been paying the neighbor $10 a month as a good will payment. There were never any written agreements regarding the water.

Since the survey was completed there has been an ongoing battle. My concern is whether or not the neighbor has the right to file for adverse possession or a prescriptive easement and what we can do to prevent it from happening.

 

[HomeGuru]

You need the help of an attorney and not the idiot one that did the lot split.

 

[NoJustice]

California. Thank you for answering my question, however my situation is such that hiring a lawyer at this time is not possible. I'm retired, living on a fixed income. Is there anything I could do to protect my interest like writing letters to the neighbor declaring my ownership of the property in question, posting signs, erecting a barbed wire fence, etc.? Also, is it possible for the neighbor to record an easement against my property without my knowledge?
One thing I forgot to mention before. The neighbor previously owned my property. It was quit claimed to the fellow I purchased it from when they needed cash. When the neighbor failed to repay the loan, the fellow sold it to me. The neighbor continues to think they can use the property as they did in the past even though I've never agreed to it and have verbally made them aware they were trespassing.

 

[HomeGuru]

It apears that if you write letters, put signs and fencing etc. that the neighbor will still act the same way. You can try but save your money for the real big gun.

 

[HomeGuru]

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