Easement? Adverse?

[maxwellf]

I bought a house from an estate. I closed without having a survey, subsequently, I have found my neighbor on my land with his driveway. The wall that I thought was my property line, has been there since at least 1983, the neighbor said the former owner gave him verbal permission to use the land. I know I've been paying the property taxes since I moved in on the land. My title insurance is the one that doesn't cover this since I did not have a survey prior to closing. Any chance I can get this land back? Was it open and hostile since the previous owner gave him verbal permission, and I've been paying the taxes? I'm in Calfornia.

 

[Tracey]

Your neighbor has not adversely possessed your land; his use was permissive. You have options:

1) You can move the fence to the property line, even if this puts it right down his driveway. Get a survey first and be certain where the property line is. This will guarantee a lifetime of bitter enmity between you two.

2)You can leave the fence and driveway where they are. If you do, get your neighbor to sign a paper saying that you have given him permission to use the driveway and land beyond the fence and that the previous owner also gave him permission. (Say nothing about revoking permission.) This breaks any adverse possession that might have been running. Offer not to charge him an access fee if he signs the paper. You may still move the fence any time you like. This protects your rights and costs little or nothing. Record the agreement under both parcel numbers. (Check with assessor for document format requirements before you print up the permission slip.)

Do not give him an easement unless he pays for it and you are satisfied with the amount. If you do, record the easement on both your parcels at the county office.

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This is not legal advice and you are not my client.



[This message has been edited by Tracey (edited March 30, 2000).]