yet another fence question

[puppiekat]

What is the name of your state? California

We own and have lived in our house for around 20 years. Had various next door neighbors throughout the years. One of the neighbor's homes had a little picket fence around the front yard. Very recently, we had put in hundreds of dollars worth of landscaping in the front yard, right up to the little picket fence. The current neighbors decided to take down that fence and replace it with some kind of small brick wall. They discovered that our property and subsequent brand new landscaping is about 2 or 3 feet onto their property. MY QUESTION is: is there some kind of law or rule that because that property line has been the same for over 20 years, we can have something like "adverse possession" of those couple of feet of their yard? We really wouldn't have cared if we didn't just put in the new landscaping and sprinkler system. HELP! Thanks!

 

[HomeGuru]

What is the name of your state? California

We own and have lived in our house for around 20 years. Had various next door neighbors throughout the years. One of the neighbor's homes had a little picket fence around the front yard. Very recently, we had put in hundreds of dollars worth of landscaping in the front yard, right up to the little picket fence. The current neighbors decided to take down that fence and replace it with some kind of small brick wall. They discovered that our property and subsequent brand new landscaping is about 2 or 3 feet onto their property. MY QUESTION is: is there some kind of law or rule that because that property line has been the same for over 20 years, we can have something like "adverse possession" of those couple of feet of their yard? We really wouldn't have cared if we didn't just put in the new landscaping and sprinkler system. HELP! Thanks!

**A: next time get a survey. There is an adverse possession law but you do not meet the criteria.

 

[puppiekat]

Thanks, HG. I guess the neighbor who put the fence up (long before we even moved in) should have gotten a survey!

 

[HomeGuru]

Thanks, HG. I guess the neighbor who put the fence up (long before we even moved in) should have gotten a survey!

**A: yes, but YOU should have gotten a survey before you bought 20 years ago.

 

[Happy Trails]

Very unfortunate incident.

***I don't know if things ares still on a friendly basis. It is best to try to keep the peace.

Look at it from their point of view. They did a survey, it showed what land they owned. So it is theirs.

Previous owners did not take the time to do it right. Surveys are not cheap, but in many instances can save money in the long run.

If things are still on talking terms maybe they would see your efforts on improving the property and the money you put in it. You could see if they would be willing to sell the portion of land your sprinkler is under and you should be willing to pay to have the abstracts "perfected" or pay filing fees to show the change. If not cut your losses and move your sprinkler as unfortunate as it is.