Legal Question in Real Estate Law in California
50+ years ago, 18 properties were separated by border fences in the rear of each yard, now one neighbor has had the property surveyed and the survey company has determined that the neighbor is correct, and now wants to move the fence 10 feet down the embankment to reclaim his land and build a deck over my backyard. Do I have any rights?
1 Answer from Attorneys
I suggest that the potentially adversely-affected landowners pool their resources to hire a real-property attorney to investigate, recommend and possibly litigate. Two legal theories which possibly, or even likely, might preserve the status quo are "adverse possession" and "agreed boundary" and the choice will depend upon historical facts not given. Litigation, if appropriate, would probably be a "quiet title" suit, potentially resulting in a recordable judgment in your favor.
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