My question involves real estate located in the State of: CA
I purchased my home in August 2006. My home's backyard inclosed and fenced with a nice concreted patio, fountain and hot tub which is one of the main reasons for my purchase decision. There were no disclosures that the property line may be incorrect.
I just received a letter from the daughter of the home owner directly behind me. She informed me that her mother had passed away and that she is preparing the home for sale. In doing so, she hired a surveyer who surprised her by informing her that my fence and upper patio level is encroaching on her propertly. The home owner had never said anything to me regarding this, nor did the previous home owner who sold me the property. I have planted plants, installed drip irrigation and there has never been any doubt that this area is my backyard. I do not know when the patio or concrete fence was constructed - I am trying to contact the previous owner to verify this. It will be very expensive and distroy the main reason for my home purchase. I would like to claim adverse possession. I am one month short of living here 5 years but believe that I can tack on the previous owners time as well. This patio and fence have been in place for a long time. I am planning on contacting my title company to discuss but wonder if I should secure a lawyer and start the process to claim adverse possession. I had no idea that the home sold to me was misrepresented if the neighbor's hired surveyor is correct in his assessment. How should I deal with this?