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  1. #1
    Join Date
    Sep 2011

    Default Property Line Dispute

    My question involves real estate located in the State of: CA
    my question regards a property line dispute with neighbor. Our shared boundary had been accepted and recognized by myself(and previous owner of my property) and neighbor for many years. Previous owner of my property had landscaped(shrubs and lawn) the disputed area with no objection from neighbor. I purchased the property about 8 years ago and have maintained the area throughout this time. Both i and my neighbor have recently had independent surveys done for various reasons and it turns out the actual property line is about 8 feet off. So my lawn and landscaping encroaches to his prop. by about 8 feet! Needless to say i would very much like to keep my lawn. Can i claim prescriptive rights?

  2. #2
    Join Date
    Aug 2010

    Default Re: Property Line Dispute

    I suspect you may be confusing prescription with adverse possession. You appear to be attempting to own the land (adverse possession) versus rights to use the land (prescription).

    If you wish to pursue adverse possesion, your first step will be to retain a lawyer. You will also more than likely retain your surveyor as an expert witness. As another poster frequently puts it, this is not a do-it-yourself project.

    Your lawyer will aid you in suing for adverse possession in a court of law. Evidence will be presented, both sides will be argued, and then the court will grant a judgment. If the judgment is in your favor, you have succeeded in your claim. If it is not, then your claim is defeated. Either way, the process will likely cost tens of thousands of dollars.

    If it were me, I'd try to sit down with the neighbor and hammer out a boundary line adjustment. Your attorney and surveyor can help you with this. It will be far less expensive and stressful than going to court.

    Good luck, whichever route you decide to take.

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