Legal Question in Real Estate Law in California

I bought a house 6 years ago from the original owner. The owner bought from the builder of our development 36 years ago. The builder installed the fences for this development. I just found out that the fence line is 50ft past my property line (which is half my backyard). My property along with my neighbors backs up to open space owned by the City of Clayton, CA. I do have a wine shed on a permanent foundation by my fence that the original owners built. According to assessor's office this shed along with my walkways and gardens are on the city property. When I purchased this property I was lead to believe everything in the fenced in area was mine. I had inspection and termite report down that included wine shack. I have contacted my title co and city of clayton. Where do I go from here?


Asked on 1/30/12, 12:51 pm

3 Answers from Attorneys

You are SOL. Your title insurer is going to tell you that your owners policy of title insurance doesn't cover boundaries, and you cannot acquire title to public property by prescription or adverse possession.

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Answered on 1/30/12, 4:56 pm
Anthony Roach Law Office of Anthony A. Roach

The big question I have for you is whether you have an ALTA policy of title insurance or a CLTA policy of title insurance. A CLTA policy reflects and insures matters of public record. An ALTA policy, however, goes byong the public record and insures off record matters, including the boundaries of your property based on a survey. (Unless of course you purchased an ALTA policy with a "survey exception.)

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Answered on 1/30/12, 6:54 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Is the city asserting its rights against you? If not, I'd just let things be as long as possible. You can't gain an easement against the city, and it's probably too late from both a practical and a statute of limitations point of view to sue the seller.

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Answered on 1/30/12, 8:17 pm


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