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Los Angeles County Adverse Possession

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  • 08-13-2006, 09:36 AM
    Honches
    Los Angeles County Adverse Possession
    Hello... your input would be greatly appreciated for my situation.

    Background; Rented home from 1989 - 1996
    Purchased this home in 1996

    Previous owner/landlord had verbal agreement (in 1989) with neighbor to use property (approx. 3' x 50') along side property line. When we purchased the property almost ten years ago we were aware of the situation and did not want to stir the pot with neighbors. I know now that this was a bad decision on our part.

    We need to repair a detiorating wall on our detached garage. I'm sure in the mind of the neighbor they consider the garage to be the dividing line between our property and there's, although the property line is technically drawn 3' from the garage. Being the nice guys we try to be, we even allowed the neighbor to paint the exterior wall of the garage that faces their yard. Well, in order to repair the garage, we will be required by the county to bring the structure up to code. This is basically going require that we tear the garage down and move it. We are going to need every square foot of property that we can squeeze. I'll leave you to assume the rest.....

    Do we have a chance of acquiring our property back????

    If not, how will this affect us if we sell?

    What if they put their home on the market?

    Help?
  • 08-13-2006, 09:40 AM
    lwpat
    Re: Los Angeles County Adverse Possession
    The use was permissive and permission can be withdrawn. In order to claim adverse possession they will have to hire an attorney, $$$, and take you to court. Have your property surveyed and then do what you have to do.
  • 08-13-2006, 09:54 AM
    Honches
    Re: Los Angeles County Adverse Possession
    Thank you so much for the reply. I'm afraid it gets worse. The neighbors have planted quite a few beautiful plants up against the garage wall and have done some block wall, brick and plaster work on the side of our property within the past 5 years. Admittedly, I have known about this and have said nothing. It has intimidated me to speak to the neighbor on the appparent take over. I haven't wanted a confrontation/war. We have nothing in writing that says we've given them permission. And the previous owner's permission was also verbal. Everything has been verbal. I believe they would take it to court if necessary.
  • 08-13-2006, 12:41 PM
    seniorjudge
    Re: Los Angeles County Adverse Possession
    They don't have a leg to stand on. If they sue you, counterclaim for triple damages for filing a frivolous lawsuit.
  • 08-14-2006, 03:07 PM
    Honches
    Re: Los Angeles County Adverse Possession
    Wow, I have to say, I am just shocked (in a very good way) that your opinion is in my favor. After reading the definition for adverse possession I truly believed the situation hopeless for us. ---Thank you (for hope)
  • 08-14-2006, 03:18 PM
    seniorjudge
    Re: Los Angeles County Adverse Possession
    The elements of "adverse possession" are that possession of the real estate is actual, open, notorious, exclusive, hostile, under cover of claim or right, and continuous and uninterrupted for the statutory period.

    http://www.expertlaw.com/library/rea...ossession.html


    Your neighbors never got past the first element.....
  • 08-14-2006, 04:26 PM
    Honches
    Re: Los Angeles County Adverse Possession
    Quote:

    Quoting seniorjudge
    View Post
    The elements of "adverse possession" are that possession of the real estate is actual, open, notorious, exclusive, hostile, under cover of claim or right, and continuous and uninterrupted for the statutory period.

    http://www.expertlaw.com/library/rea...ossession.html


    Your neighbors never got past the first element.....


    That is the exact definition I read and the web link as well. I thought I was being studious when I looked up a few of the key adverbs, but perhaps I'm just too ignorant of the law and its jargon to wrap my head around it.

    Your time is not wasted on me and I do appreciate your SeniorJudge opinion!
    Please correct me, if you find the time, where you think I'm going off track.

    Actual: the neighbor is actually using this piece of our property

    Open: the neighbor has walked me into his yard to show me some of his improvements without pointing out improvements to our portion of property

    Notorious: other neighbors have and can see some of the improvements and would "probably" assume that he is not over stepping his bounds unless pointed out.

    Exclusive: no one else is using this portion of property except the neighbor

    Hostile: did not ask to make certain improvements to property I believe he knows is not within his boundary

    Under cover of claim or right: I've been paying the property tax since 1996 and have not been notified of any claim.

    Continuous and uninterrupted for the statutory period: the neighbor has had exclusive use(?)/access since 1989.

    Do you know what the statutory period is for Los Angeles County, CA??? I've tried to find it via web and haven't had any luck.

    Thanks, Honches (who sat on them far too long)
  • 08-14-2006, 04:31 PM
    seniorjudge
    Re: Los Angeles County Adverse Possession
    Previous owner/landlord had verbal agreement (in 1989) with neighbor to use property (approx. 3' x 50') along side property line.


    The use (to begin with) was because the prior owner gave them permission to use it.

    Thus, adverse possession is totally irrelevant.
  • 08-14-2006, 04:35 PM
    Honches
    Re: Los Angeles County Adverse Possession
    That's great! Thank you!
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