SuckaBusta
Junior Member
What is the name of your state? California
I bought a two acre parcel of land with an existing 32 year-old home in April 2004 from an investor (John) who owned main parcel(mine) and another adjacent undeveloped two acre parcel. Investor (John) had acquired both parcels in October 2003 from the rancher (Roy) who originally built the house on main parcel in 1972.
The problem:
Property surveys at investors' (John) time of purchase revealed that Roy had placed main parcel perimeter fencing 20' onto the undeveloped lot. Within that fenceline are various outbuildings. This puts the buildings and fence on the undeveloped property but shows exclusive use by main parcel (mine). This area was used for his ranch operations for at least 20 years, possibly 30 years. Certainly meets the 5-year exclusive use criteria for both previous owners.
That being the case, and before investor (John) sold either of the properties, I had him provide the developed parcel (mine) with a 20 foot "ingress, egress and incedental purposes" easement across the undeveloped property along the entire shared property line. All existing fencing and outbuildings lie within this easement.
I then purchased the main parcel and investor sold encumbered undeveloped parcel to another man (Jerk).
Questions:
(1) Do I have any prescriptive rights and/or grounds (such as but not limited to adverse possession) to keep everything as is? Owner paid taxes on both properties for more than 30 years when he owned both parcels.
(2) Can Jerk remove fencing and outbuildings and dispose of them at his discretion?
(3) Do I own the fences and buildings?
(3) Do I have any right to reimbursement if removed?
(4) If he destroys a perimeter fence, which currently keeps neighborhood dogs out, does he have to replace fence on property line at his expense?
(5) Do I have right to fence stray animals out if the fence is built within this easement?
Thanks much.....
I bought a two acre parcel of land with an existing 32 year-old home in April 2004 from an investor (John) who owned main parcel(mine) and another adjacent undeveloped two acre parcel. Investor (John) had acquired both parcels in October 2003 from the rancher (Roy) who originally built the house on main parcel in 1972.
The problem:
Property surveys at investors' (John) time of purchase revealed that Roy had placed main parcel perimeter fencing 20' onto the undeveloped lot. Within that fenceline are various outbuildings. This puts the buildings and fence on the undeveloped property but shows exclusive use by main parcel (mine). This area was used for his ranch operations for at least 20 years, possibly 30 years. Certainly meets the 5-year exclusive use criteria for both previous owners.
That being the case, and before investor (John) sold either of the properties, I had him provide the developed parcel (mine) with a 20 foot "ingress, egress and incedental purposes" easement across the undeveloped property along the entire shared property line. All existing fencing and outbuildings lie within this easement.
I then purchased the main parcel and investor sold encumbered undeveloped parcel to another man (Jerk).
Questions:
(1) Do I have any prescriptive rights and/or grounds (such as but not limited to adverse possession) to keep everything as is? Owner paid taxes on both properties for more than 30 years when he owned both parcels.
(2) Can Jerk remove fencing and outbuildings and dispose of them at his discretion?
(3) Do I own the fences and buildings?
(3) Do I have any right to reimbursement if removed?
(4) If he destroys a perimeter fence, which currently keeps neighborhood dogs out, does he have to replace fence on property line at his expense?
(5) Do I have right to fence stray animals out if the fence is built within this easement?
Thanks much.....