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EASEMENT I've been told to move my Horse fence

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M

MikeB

Guest
What is the name of your state? California, Los Angeles County

I bought my hillside, rural A1 property in 1994. The property lines here are fuzzy, and there were no preexisting fences. On one side of my property was a burnt out barbed wire fence and I put up a large white 3 board horse corral type fence. I also constructed a small barn which was also inside this line. I have and have been keeping one or two horse ever since.

This adjoining 1 acre of land was vacant, and owned by "someone" whom I never met and never spoke with. There is much vacant land around here and most is not fenced off. The properties frequently adjoin without fencing. If it matters we are 1 acre minimum zoning here. My use of this portion of the land kept it cleared of brush and saved whoever from paying that much extra to keep the land clear.

In 2002 This land sold for back taxes owed at auction and the new "owners" came out (Speculators) and we walked the properties together. No comment was made about my fence lines.

Now in June 2004 they decided to sell the property and in August they discovered and verbally told me last week that I may have to move my horse fence since they have suirveyed the land and I'm over by as much as 20 feet on one corner. The property lines are not straight here either.

In fact they want me to comply with county zoning and move it 50 feet back from any proposed houseing they might , or a new owner might put up. OR they want to sell me the vacant property....

My question is, do I have to, or have I established some sort of Prescriptive Easement here. Seems that barbed wire fence had nothing to do with the actual propertry line. My use has been open and notorious for nearly 10 years, but other than SAVING money on brush clearance, I've not paid any taxes here.

I'm ready to litigate if I have a case...

Thanks for any help out there, I'm new to this kind of Forum.

Mike B W [email protected]
 


HomeGuru

Senior Member
MikeB said:
What is the name of your state? California, Los Angeles County

I bought my hillside, rural A1 property in 1994. The property lines here are fuzzy, and there were no preexisting fences. On one side of my property was a burnt out barbed wire fence and I put up a large white 3 board horse corral type fence. I also constructed a small barn which was also inside this line. I have and have been keeping one or two horse ever since.

This adjoining 1 acre of land was vacant, and owned by "someone" whom I never met and never spoke with. There is much vacant land around here and most is not fenced off. The properties frequently adjoin without fencing. If it matters we are 1 acre minimum zoning here. My use of this portion of the land kept it cleared of brush and saved whoever from paying that much extra to keep the land clear.

In 2002 This land sold for back taxes owed at auction and the new "owners" came out (Speculators) and we walked the properties together. No comment was made about my fence lines.

Now in June 2004 they decided to sell the property and in August they discovered and verbally told me last week that I may have to move my horse fence since they have suirveyed the land and I'm over by as much as 20 feet on one corner. The property lines are not straight here either.

In fact they want me to comply with county zoning and move it 50 feet back from any proposed houseing they might , or a new owner might put up. OR they want to sell me the vacant property....

My question is, do I have to, or have I established some sort of Prescriptive Easement here. Seems that barbed wire fence had nothing to do with the actual propertry line. My use has been open and notorious for nearly 10 years, but other than SAVING money on brush clearance, I've not paid any taxes here.

I'm ready to litigate if I have a case...

Thanks for any help out there, I'm new to this kind of Forum.

Mike B W [email protected]

**A: and where is your title report and survey dated in 1994 or later? And what does the CA ap law state as the criteria for an ap claim?
 

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