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Boundary dispute

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Kat Ajax

Junior Member
What is the name of your state? California
What is the name of your state? California
The houses in my area were built in the 1920's. I purchased my home in October of 1992. At that time, there was a retaining wall separating my neighbor's front yard ( a steep slope) from the lower segment of my driveway. The wall was obviously very old by then. A new neighbor purchased the adjacent house in the summer of 2005. A couple of months ago, my new neighbor tore down about the wall wishing to beautify that side of his property by replacing the wall with boulders - an expensive project. In the course of tearing down the wall, the crew tore up the concrete in that section of my driveway. My neighbor called to assure me he would fix it.

His "repair" work consisted of pouring new concrete 8 inches narrower that the original dimensions of my driveway and claims that those 8 inches belong to him. No, he did not do a survey. I have asked him to restore my driveway to its original dimensions. He has refused.

I believe that, even if a survey should prove him right (he refuses to pay for a survey), that the de facto physical property boundary which existed long before either one of us purchased our homes gives me the right to all my driveway. Can someone please enlighten me?
 


seniorjudge

Senior Member
Kat Ajax said:
What is the name of your state? California
What is the name of your state? California
The houses in my area were built in the 1920's. I purchased my home in October of 1992. At that time, there was a retaining wall separating my neighbor's front yard ( a steep slope) from the lower segment of my driveway. The wall was obviously very old by then. A new neighbor purchased the adjacent house in the summer of 2005. A couple of months ago, my new neighbor tore down about the wall wishing to beautify that side of his property by replacing the wall with boulders - an expensive project. In the course of tearing down the wall, the crew tore up the concrete in that section of my driveway. My neighbor called to assure me he would fix it.

His "repair" work consisted of pouring new concrete 8 inches narrower that the original dimensions of my driveway and claims that those 8 inches belong to him. No, he did not do a survey. I have asked him to restore my driveway to its original dimensions. He has refused.

I believe that, even if a survey should prove him right (he refuses to pay for a survey), that the de facto physical property boundary which existed long before either one of us purchased our homes gives me the right to all my driveway. Can someone please enlighten me?
Get a boundary survey, a title report (or use the one you got when you bought the place), and a good real estate attorney. These three things are necessary before you can determine if you have a case.
 

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