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  1. #1
    Join Date
    Jan 2015
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    Default What's the Cheapest Way to Resolve Land Rights Due to a Misplaced Fence

    My question involves real estate located in the State of: California
    I bought my house in 2008, my neighbor bought his house in 1999.
    Properties were built in 1971.
    The existing border fence is old (may be 20 years).
    My neighbor while redoing all the fences of his house, found out that the existing fence is 16 feet inside his property as described by the city map.
    He want to do a survey and eventually sell "my" current land back to me.
    What is my cheapest option to keep "my" current land ?

    Thanks
    -G

  2. #2
    Join Date
    Sep 2005
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    Default Re: What's the Cheapest Way to Resolve Land Rights Due to a Misplaced Fence

    Assuming the neighbor shows that the fence is in fact well into his side of the property line, and depending on the price he names, the cheapest solution may be to buy the land from him.

    You should consult a real estate lawyer about the possible theories you may be able to present in order to obtain title through litigation (the most likely being acquiescence to a boundary line, followed by adverse possession), but both of those theories have issues of proof that it may be difficult or impossible for you to satisfy. A lawyer can review the full facts and advise you of the probability of succeeding in court, as well as the likely cost of litigation. The lawyer can also tell you if it will be possible to purchase the strip from your neighbor given any applicable restrictions on lot size and partition.

  3. #3
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: What's the Cheapest Way to Resolve Land Rights Due to a Misplaced Fence

    The way others acquire property they do not own, by purchasing it. There is no law saying one cannot put a fence midway on their property. You can certainly investigate the time it would take for an adverse possession claim, but it is unlikely the person you bought your home from was not aware and permitted use. We have a similar section of our neighbors property we use freely and maintain. Everyone is clear who owns it.

  4. #4
    Join Date
    Mar 2013
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    18,340

    Default Re: What's the Cheapest Way to Resolve Land Rights Due to a Misplaced Fence

    Quote Quoting pippo2931
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    What is my cheapest option
    There is none.

    You either buy it or you pay a lawyer a barrel full of money with no guarantee of success.

  5. #5
    Join Date
    Dec 2008
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    629

    Default Re: What's the Cheapest Way to Resolve Land Rights Due to a Misplaced Fence

    Quote Quoting adjusterjack
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    There is none.
    No matter what amount of money involved there is always a "cheapest" option(if there is more than one option), that option may not be cheap unto itself just that it is the lowest cost option of what is available.

    And as mentioned above just buying the land from him is probably your cheapest option. Suing will probably cost a lot more than the purchase price.

  6. #6
    Join Date
    Sep 2013
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    127

    Default Re: What's the Cheapest Way to Resolve Land Rights Due to a Misplaced Fence

    Cheapest option of course would be for him to simply gift the land to you, next cheapest, and far more likely, would be to reach an agreement and purchase the land. As AdjusterJack says, you can hire a lawyer and attempt to claim it, but there is no certainty there. For him, since he is already planning on new fences, it would only be slightly more expensive (32ft more fence expensive) to simply extend the fences to his property line.
    You have to keep in mind that you would lose the value of anything you have done to that property, landscaping etc., as well as any good will you may have.

  7. #7
    Join Date
    Mar 2013
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    Default Re: What's the Cheapest Way to Resolve Land Rights Due to a Misplaced Fence

    Quote Quoting yyz0
    View Post
    No matter what amount of money involved there is always a "cheapest" option(if there is more than one option), that option may not be cheap unto itself just that it is the lowest cost option of what is available.

    And as mentioned above just buying the land from him is probably your cheapest option. Suing will probably cost a lot more than the purchase price.
    Right.

    If the land cost $10,000 and a lawyer cost $20,000, buying the land is the cheapest option.

    If a lawyer cost $10,000 and the land cost $20,000, hiring a lawyer would be the cheapest option.

    But, come on, you ought to know damned well that's not what the OP meant.

  8. #8
    Join Date
    Nov 2013
    Posts
    672

    Default Re: What's the Cheapest Way to Resolve Land Rights Due to a Misplaced Fence

    I'm not clear why he feels the disputed land is his. I'm not sure what a "city map" really is, but I would ask to see the boundary survey that proves what he is saying.

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