Legal Question in Real Estate Law in California
My neighbor is assuming that the fence between our back yards is the boundary line of our properties and plans to follow that line when putting up a fence between our houses. I can't afford to get a survey. Also, I was told that--since I've been weeding, watering, and mowing a 2 foot strip (beyond the line she is guessing is the property boundary) for 18 years, she can't put a fence through that area. (She's assuming the boundary is 40 inches from my house which would mean that her fence would go through my rose garden & 2' of lawn). Is that accurate? The properties are in CA. Thank you...
1 Answer from Attorneys
You are basically right that even if the property line is where she thinks it is, you have a claim to a prescriptive easement over that strip. Here's the problem. If the line is where she thinks it is, she still owns an unrestricted right to that strip until you establish the prescriptive easement in court, which would require you to have a survey done, in addition to the legal fees. Until you obtain and record a judgment in your favor establishing the prescriptive easement, or you have a survey showing the strip is on your side of the line, she can do whatever she wants with it.
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