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  1. Trespass: Re: Title Rights Kicking the City Off Your Land Kicking the County Off Your Land

    In most parts of most states other than the original 13 colonies (there are a few other notable exceptions, but keeping it general here), all present private land title flowed from a government...
  2. Fences and Walls: Re: Can a Buidling Wall be a Common Wall Even if There's No Building on the Other Sid

    Some of the facts to consider:

    When was your building constructed?

    Was there ever a building on the now vacant lot?

    If so, was that building attached to the building your business is in?
    ...
  3. Boundary Agreements: Re: Can You Enter Into a Boundary Agreement Instead of Moving a Fence

    Catmad,

    Your example is a classic example of the landowners coming together to acknowledge 1) that one's improvement is or may be partially on the land of the other, and 2) a prescriptive right...
  4. Boundary Agreements: Re: Can You Enter Into a Boundary Agreement Instead of Moving a Fence

    What you are talking about is giving permission for the existing use, not a boundary agreement which has a very different meaning.

    A Boundary Agreement is a process landowners use when the line...
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    Fences and Walls: Re: Who Owns the Top of a Retaining Wall

    Although I appreciate your optimism, albeit flippant, in my experience (which covers many communities across this state and others) the extreme ease of obtaining 35-45 year old records for an...
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    Fences and Walls: Re: Who Owns the Top of a Retaining Wall

    Based upon the photos, I don't believe that it is a party wall. The view looking across the yard shows the same wall construction along the side and the back of the OP's yard, with the top of wall...
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    Fences and Walls: Re: Who Owns the Top of a Retaining Wall

    In your particular case, it looks like the wall may have been built for your property to bring the grade of your back yard down to the level of the back patio. The indicators being that other...
  8. Fences and Walls: Re: New Neighbor is Blocking My Cat From Her Yard

    Lattice can't be a boundary fence? Go back and re-read my first post. I qualified that if the lattice is constructed such that it would be considered a boundary fence, then the neighbor could make...
  9. Fences and Walls: Re: New Neighbor is Blocking My Cat From Her Yard

    Civil Code 841
  10. Vegetation: Re: Neighboring School Cut Down Trees Between Our Properties

    I doubt very much that the school district planted the oaks. The age of the oaks as compared to when the school was built might answer that one. More likely, the trees were left alone because they...
  11. Fences and Walls: Re: New Neighbor is Blocking My Cat From Her Yard

    I agree with what Mr. Knowitall said with the possible exception of nailing boards to the fence.

    Your neighbor has the right to prevent your cat's access to his or her property. Since you...
  12. Fences and Walls: Re: Neighbors are Constructing a New Retaining Wall Next to Ours

    Your 2011/2015 comparison picture raises some potential concerns, depending first on whether the dip in the sidewalk and the apparent trough shape of your yard is how it really is or if it's more a...
  13. Water Runoff: Re: What Can You Do About Water Runoff from a Neighbor's Roof

    If the problem was created, as Mr. Knowitall was getting at, by construction that happened after your home was built, a modification of your neighbor's drain system from a configuration that...
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    Creation of an Easement: Re: Equitable Easement

    After reading the case that budwad posted, I would be very surprised if a couple garden boxes and a non-permanent, shed-type greenhouse even came close to a valid basis for demonstrating hardship and...
  15. Boundary Agreements: Re: Neighbor Offers to Purchase Land She is Encroaching

    With a recent survey, a lot line adjustment should be pretty simple. However, this being in CA, many local jurisdictions seem to make it their mission to take a simple process and make it as...
  16. Fences and Walls: Re: Fence in the Wrong Place in an Easement

    Since you have an easement right, you do have the ability to force the matter and enter the easement to place the utility line. But since the problem is not with the neighbor on whose lot the...
  17. Fences and Walls: Re: Contractor Builds Fence 10 Inches from Existing Good Neighbor Fence

    The idea of checking local codes is good. Many communities limit fence heights to 6'. But then again, a licensed contractor should know that and is unlikely to build a fence that violates code...
  18. Fences and Walls: Re: Party Wall Act - Trespass Damage

    First step is to check with the local building department to see if they have permits for grading and to build retaining walls. If so, there should be design drawings on file. Check to see if the...
  19. Fences and Walls: Re: Calif Fence Falls Neighbor Won't

    With a family member offering to do the work, I doubt that you could make the case that he his acting as a contractor for her. I see it as little different than if I had one or more of my kids help...
  20. Fences and Walls: Re: Can a Neighbor Take Down a Fence That Spans the Property Line

    The fence does not need to be precisely on the property line to be considered a boundary fence physically dividing one property from the other (technically speaking, precise placement on the property...
  21. Surveys: Re: Illegal Property Survey Causes Great Hostility

    The landowner exception to the licensing requirement is in MCL 339.2012(c). It is expressly limited to work pertaining to the construction of a building within his own property. Since a boundary...
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    Adverse Possession: Re: Laws Related to Adverse Possession of Public Land

    Under some conditions, the nature of the State title, the use of the land, and the ability to trade land of similar or greater value, a state may agree to a land exchange or similar title settlement.
  23. Surveys: Re: Can I Hold Neighbor's Surveyor Accountable for Bad Survey Which Took Land from Me

    The idea of privity of contract has been pretty much abandoned by the courts when it comes to surveys provided that the aggrieved party is one who should reasonably be able to rely on the results of...
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    Trespass: Re: Trespass by Hunters

    Ummmm.... You could have posted it.

    I'm not familiar with it. If it's relevant, how 'bout you post it.
  25. Adverse Possession: Re: Abandoned Properties

    Check with the County to see if the property taxes are being paid. If not, inquire when and if it will be sold by the county in a tax sale. If the taxes are being paid, then although no one may be...
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