Legal Question in Real Estate Law in California

Re: Land Ownership/Boundaries

You are referring to the agreed boundary doctrine. It is true that in situations where there is uncertainty as to the location of a boundary, the adjoining neighbors' historical acceptance of a particular placement of the boundary may be controlling. However, the doctrine is applied only as a last resort. When a deed description is available, it (the legal description in the deed) is controlling.

The leading recent California case on agreed boundary doctrine seems to be (based on quick research)Bryant v. Blevins (1994) published at 9 Cal.4th 47. Two of the justices dissented, but the majority approved a principle greatly limiting the applicability of the agreed boundary doctrine.

In your case, I would have two suggestions. If there is any reason to doubt the accuracy of the deed description the surveyor worked from, or to doubt the accuracy of the survey itself, have another survey made, this time by someone of the highest possible local credentials and someone who is paid by, and reports to, you. Second, be prepared to negotiate with the neighbor for a lot-line adjustment, an easement, or a long-term license so you don't lose the use of the 20 feet even though you might not own it.

Finally, you might ask a local Sierra County attorney to compare the specific factual issues of your problem with the law as declared by the majority in the Bryant v. Blevins case to see if that case indeed makes it unlikely you can prevail in court. There is a sliver of hope that your situation is one where the old agreed boundary doctrine still applies.