Possible Adverse Possession in California, New Home Owner

**souljahzz** · 02-16-2011, 08:19 PM

My question involves real estate located in the State of: California

I bought a house less than 6 months ago on a large lot. I am having a hard time with my neighbor already. He stated that the property line was off by approximately 6 feet, he had a surveyor come out and for the most part what he said was correct.

This fence has been here it is for 40+ years, he has never laid any claim to this land, my sprinkler pipes are clearly on his property along with a couple of trees. Since our discussion he has put up "no trespassing" signs and mowed the weeds on 'his' property-but has never laid claim to it other than just recently.

I know the law is that the owner must lay claim to a property for some amount of time, I am unsure if the 40+ years of the fence being where it is counts or if I myself have to own the house for so many years to justify Adverse Possession. Please solicit your input, it would be much appreciated.

jk · 02-16-2011, 08:30 PM

California requires the adverse possessor to pay the property taxes and enclose the area in a substantial enclosure. It sounds like you have the enclosure but I suspect you haven't paid the taxes.

**souljahzz** · 02-16-2011, 09:13 PM

Quoting jk

California requires the adverse possessor to pay the property taxes and enclose the area in a substantial enclosure. It sounds like you have the enclosure but I suspect you haven't paid the taxes.

How do I know if I am paying the taxes for this strip of property?

**LandSurveyor** · 02-16-2011, 09:15 PM

What jk says about AP in California is correct.

You can hire your own surveyor, of course, and get a second opinion as to the line, but there is probably not much there for you in light of the recent survey.

The other concept you can try (at a cost of just as many thousand dollars as an an AP claim) would be boundary by acquiescence. If the neighbor has occupied, cultivated, mowed, and possessed up to the line you wish to claim for many years, and your predecessor in title has done the same, there might be a case. A recent survey would not necessarily overturn that implied agreement, as the neighbor might not have been aware of the surveyed boundary until recently, and he accepted the occupied boundary for well beyond the statutory period.

But this is only a theory and would have to be proved in court in all particulars at significant expense.

**flyingron** · 02-17-2011, 08:16 AM

He has actually NEITHER. He's only had possession for six months. The previous owner might have had a claim, but I'm not sure the current one has any.

**LandSurveyor** · 02-17-2011, 02:59 PM

He has actually NEITHER. He's only had possession for six months. The previous owner might have had a claim, but I'm not sure the current one has any.

California allows tacking.

**eapls2708** · 02-22-2011, 06:02 PM

I'm a bit confused. Did you each buy your respective homes about 6 months ago or have one of you been there longer? By your first post, I read that you bought yours 6 months ago. By your last post, your neighbor bought his just 6 months ago. Please clarify.

Now other questions:

Are these properties in a subdivision, and if so, were there any survey markers from the original subdivision survey?

Did the surveyor set new points along the disputed line or did he find old points at the corners?

Do you have any information as to who built the fence, and do you, beyond speculation, know why the fence was built where it is? Just because it may seem obvious that it was built to mark the property line doesn't bring it above the level of speculation. You need either a statement from someone with direct knowledge of it's construction or something documentary related to its construction.

Depending upon the answers to these questions, I may come up with more.

**souljahzz** · 02-22-2011, 06:37 PM

Quoting eapls2708

I'm a bit confused. Did you each buy your respective homes about 6 months ago or have one of you been there longer? By your first post, I read that you bought yours 6 months ago. By your last post, your neighbor bought his just 6 months ago. Please clarify.

Now other questions:

Are these properties in a subdivision, and if so, were there any survey markers from the original subdivision survey?

Did the surveyor set new points along the disputed line or did he find old points at the corners?

Do you have any information as to who built the fence, and do you, beyond speculation, know why the fence was built where it is? Just because it may seem obvious that it was built to mark the property line doesn't bring it above the level of speculation. You need either a statement from someone with direct knowledge of it's construction or something documentary related to its construction.

Depending upon the answers to these questions, I may come up with more.

One thing at a time.
-I bought my house 6 months ago, the neighbor has been there for many years
-Originally our properties were one, but this was a very long time ago, so I don't think a subdivision has anything to do with this.
-Surveyor set new points along the entire (strait) line.
-The Neighbor built the fence. It is built (somewhat) around the pond which is on the border of the property. The fence makes in inward curve to avoid going through the pond. I think it will be impossible to document the fences construction at this point.