Adverse Possession ~ Help

What is the name of your state? California

What is the statue of limitations for adverse possession in the state of california?

I have owned my home in Los Angeles CA for 10 years and have been in a constant battle with my neighbor regarding her building her deck landing on my property she even errected a spite fence a few years back which is also on my property. I am having my property surveyed this week however she is in escrow to sell her property and it will close on May 10th, 2006. What rights do I have in the state of California and is there any rights with the new owners who will take possession of the property on May 10th. I would very much appreciate any help with the above.

Thank you

oneglobal1 said:

What rights do I have in the state of California and is there any rights with the new owners who will take possession of the property on May 10th.

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You have the right to remove the encroachment on your property. Get your survey done then IMMEDIATELY send a copy to her by certified mail with a demand that she remove her encroachment within 10 days. If she doesn't, then you need to remove it and send her the bill. You might also send a copy to the real estate agent (certified RRR) so that you can prove the agent was also aware of the problem BEFORE closing.

Adverse Possession

JETX

Thank you so much for your advice and help. My survey is scheduled for Thursday April 26th, however I will call on Monday to see if they can come out sooner. I really appreciate your advice and help! THANK YOU!

Very best,

Oneglobal1

Adverse Possession ~ CA UPDATE ~ JETX

Update

The Survey was completed yesterday confirming that her deck landing and the spite fence that she had errected on top of an existing fence between the two properties is an encroachment of apx 3 feet. The neighbor came out of her home with a tape measure and told me I could remove the spite fence that she put up a few years back on the existing fence. I replied thank you I will take it down along with the existing fence and would send her a bill for the portion of the fence that she put up. She told me she was calling her attorney. A few moments later she called me on the telephone and asked me what date the existing fence between our two homes was put up. I told her I was not sure as the previous owner of the property had put it up during the time I was leasing the property from him. PLEASE NOTE ( I did a lease to own deal on my home in 1995 and purchased in December of 1996) so to the best of my knowledge the existing fence was put up in 1995 while I was leasing the property by the prior owner.) The neighbor started screaming so you don't know when the fence was put in and I told her no that I did not know the exact year. She is now saying that the existing fence between our homes was put up in 1995 by the previous owner who did not put it on the property line and the 3 feet is now hers by adverse possession. I explained to her that I have been paying the property taxes on that 3 feet for 10 years she hung up on me. QUESTION should I retain an attorney? or can I proceed with the advice below send certified letter giving her 10 days to remove it etc.. Also as her property is in Escrow scheduled to close on MAY 10th 2006 I was hoping to have my new fence put up on the correct property line before that date. Can I proceed?

Proceed as advised.

She has NO 'adverse possession claim' under California law.

In California, adverse possession requires five years of continued use which is "open and notorious" and "adverse" to the owner's interest. The maintenance and upkeep and improvement of the property is required and for the five years of use the property taxes must be paid for the property being adversely possessed.

Code of Civil Procedure sections 318, 319, 321-323.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=315-330

Adverse Possession ~ CA

JETX

THANK YOU VEY MUCH!!!
Oneglobal1