Legal Question in Real Estate Law in California

Re: Adverse Possession???

Your neighbor is wrong. Unless your neighbor has paid the property taxes on the disputed area, it's your property, and you can sue your neighbor to force him to stop his "encroaching".

Your neighbor is confused, perhaps, because he is thinking that he might have what is known as a precriptive easement, which in simple terms is generally a right to use something that has ripened over time as a result of the user's conduct (and the lack of action by the other party). But there is no such thing as a prescriptive easement that is equivalent to owning the property. In other words, the law does not recognize an "exclusive prescriptive easement" and your neighbor cannot stop you from possessing your property.

You need to first hire a surveyor and find out where the exact property lines are located.

Then, depending upon the result, you make a demand and if necessary, sue to remove your neighbor's encroachment.

Good luck. If you need help, call or email. We are real property litigators with extensive experience in neighbor disputes over boundaries.

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Re: Adverse Possession???

One of the elements of adverse possession in California is payment of all the property taxes on the adversely-claimed real property during the five-year possession period. Since it is the almost-universal practice of county appraisers to appraise and assess urban land parcels on the basis of legal descriptions and maps rather than visual inspection, and improvements on the basis of filed permits, it is rare indeed that a neighbor can annex land by adverse possession, because he can't establish that his tax assessment is higher because he's occupied some land in addition to what's shown on the official parcel maps.

Further, courts don't like this kind of adverse possession case. The legal justification for a policy permitting a user of land to take title from a record owner was originally intended to keep rural tracts in productive use and producing tax revenues. This purpose is not served by allowing a neighbor to add a strip of land to an urban residential lot at the adjoining owner's expense.

I'd tell the neightbor he doesn't understand the law. You could add that if he causes any more disruption in your project with such claims, you'll be forced to consider a suit against him for slander of title, but maybe this is the time to be diplomatic rather than threatening. You could also tell him that he is a trespasser.

Re: Adverse Possession???

It takes more than a few shrubs and a minor improvement to gain title via adverse possession. If you must you can initiate a quiet of title and tresspass action. Call me directly a16192223504. 18 years experience in all California Courts.