• 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

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

V

venator64

Guest
What is the name of your state?CA

My neighbor's house burned down in a recent fire. He is now rebuilding, and in the process has found that "his" property line is about 10 FEET over into my yard. He wants the land (understandably, I suppose). Sadly, this means I will lose a $6,000 fence, my brick edging and sidewalk, all my landscaping including several full-grown trees, and my underground sprinkler system. All of this has been in the exact place that is currently is for ~17 years. The new property line will also be VERY close to my house, and I am not sure if it will be TOO close (~5 feet?). Also, there is quite a decline between our two houses and there may be some danger of sliding if he cuts into the hillside to move his yard over (his house is lower than mine and the disputed land is sloped).

Here are my questions:

1. Since the original builder (of BOTH houses) put the fence and other improvements where they are, and they have been there for 17 years, is there any way that I can "claim" that land as mine. I heard once that if you build onto someone else's land, then after enough time has passed, then that land becomes yours. Is this true?

2. I only bought the property 2 years ago. Is there any way I can reclaim some of my losses from whoever sold me the house? After all, they misrepresented the property by 1000 square feet or more. Or do I contact the real estate agent? Or the home inspection company? Clearly, as mistake has been made, but not by me, am I the ONLY one that will pay for this mistake? What about the original builder of BOTH houses, they are still in business I hear.


Any other suggestions?
 


I

I AM ALWAYS LIABLE

Senior Member
venator64 said:
What is the name of your state?CA

My neighbor's house burned down in a recent fire. He is now rebuilding, and in the process has found that "his" property line is about 10 FEET over into my yard. He wants the land (understandably, I suppose). Sadly, this means I will lose a $6,000 fence, my brick edging and sidewalk, all my landscaping including several full-grown trees, and my underground sprinkler system. All of this has been in the exact place that is currently is for ~17 years. The new property line will also be VERY close to my house, and I am not sure if it will be TOO close (~5 feet?). Also, there is quite a decline between our two houses and there may be some danger of sliding if he cuts into the hillside to move his yard over (his house is lower than mine and the disputed land is sloped).

Here are my questions:

1. Since the original builder (of BOTH houses) put the fence and other improvements where they are, and they have been there for 17 years, is there any way that I can "claim" that land as mine. I heard once that if you build onto someone else's land, then after enough time has passed, then that land becomes yours. Is this true?

2. I only bought the property 2 years ago. Is there any way I can reclaim some of my losses from whoever sold me the house? After all, they misrepresented the property by 1000 square feet or more. Or do I contact the real estate agent? Or the home inspection company? Clearly, as mistake has been made, but not by me, am I the ONLY one that will pay for this mistake? What about the original builder of BOTH houses, they are still in business I hear.


Any other suggestions?
Click to expand...

My response:

You're talking about "adverse possession" and yes, through litigation, you have a very good shot at it because the land was "improved" as you describe, and was left in that state for so many years. The improvements were open and obvious to your neighbor and, all he had to do was survey the land years ago. So, by not doing his own "due diligence" for so many years, the law would most likely allow you to retain the land. That's the expensive route.

The builder is off the hook. California has a 10 year Statute of Limitations on contractors' errors. So, that's out.

Your best, and least expensive method, would be to go after the former owner and the sales agent. They had the same "due diligence" to exercise in knowing what was being sold. They failed you in their duty to you.

IAAL
 
V

venator64

Guest
Well, first of all thanks for your time and knowledge.

Let me ask a couple more...

If I understand correctly, adverse possession has that little condition of me having to pay taxes on the land in question. I paid MY taxes of course, but taxes on HIS land behind my fence--not really. Is it enough that I paid MY taxes?

Also if I understand correctly, my use of his land must be "hostile." Definitions of "hostile" vary widely, but one definition requires that I knowingly built over the boundary (hostile in the sense that I was trying to get away with something or trying to harm my neighbor or his interests). At least one place on the web has suggested that I would have trouble proving adverse possession for this reason, but instead would/could show that under the doctrine of acquiescence, my neighbor has lost his right to sue for return of his property as long as the statute of limitations has run out. The statute of limitations differs by state (Michigan is 15 years), but I can't find anywhere what the statute of limitations is for California. If it is 20 years I am sunk. Do you know anything about this?

So if adverse possession doesn't work for me either for the tax requirement or the hostile requirement (your opinions?), I read that exclusive prescriptive easement might still be possible. Here I wouldn't actually own the land, just retain exclusive use (which is just as good?).

Really, I should go after the previous owner and agent? You are probably right, of course, but what I Really want is the land. I don't see how suing them will get me the land...perhaps I am misunderstanding.

Thank you again for your help,
 
H

HomeGuru

Senior Member
venator64 said:
Well, first of all thanks for your time and knowledge.

Let me ask a couple more...

If I understand correctly, adverse possession has that little condition of me having to pay taxes on the land in question. I paid MY taxes of course, but taxes on HIS land behind my fence--not really. Is it enough that I paid MY taxes?

**A: no, one must pay real property taxes on the land that one is adversely possessing.
**********

Also if I understand correctly, my use of his land must be "hostile." Definitions of "hostile" vary widely, but one definition requires that I knowingly built over the boundary (hostile in the sense that I was trying to get away with something or trying to harm my neighbor or his interests). At least one place on the web has suggested that I would have trouble proving adverse possession for this reason, but instead would/could show that under the doctrine of acquiescence, my neighbor has lost his right to sue for return of his property as long as the statute of limitations has run out. The statute of limitations differs by state (Michigan is 15 years), but I can't find anywhere what the statute of limitations is for California. If it is 20 years I am sunk. Do you know anything about this?

**A: moot point and wrong theories.
*********

So if adverse possession doesn't work for me either for the tax requirement or the hostile requirement (your opinions?), I read that exclusive prescriptive easement might still be possible. Here I wouldn't actually own the land, just retain exclusive use (which is just as good?).

**A: not applicable.
*********

Really, I should go after the previous owner and agent? You are probably right, of course, but what I Really want is the land. I don't see how suing them will get me the land...perhaps I am misunderstanding.

Thank you again for your help,
Click to expand...
**A: as part of your due diligence you were supposed to get a survey. If you did get a survey, you surely would have known about the issue fence and land issues prior to closing.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

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