Legal Question in Real Estate Law in California

Re: neighbors fence over the property line

As you've described it, most likely he can't. He can only exclude you from the strip of property if he has a legitimate claim to it through what's called "adverse possession". That means he has to have occupied the property for 5 years, openly and in a manner that shows he claims a right to it that is adverse to yours. Most importantly, he has to prove that he has paid taxes on that piece of property, which he probably can't do.

Also, before he can claim title through adverse possession he would need to file suit in court to "quiet title", meaning have the court confirm that he owns the strip of property.

Alternatively, he may try and claim a "prescriptive easement" over the strip of land. The basis for such a claim is the same as adverse possession, except that he doesn't need to pay taxes. Again he would have to go to court to quiet title to the easement in himself.

However, even if he could prove a right to a prescriptive easement, he cannot exclude you from the use of your property. An easement only gives one the right of some use in land owned by another. An easement does not impart the right to exclude the owner from possession and use, which is pretty much what his brick wall would accomplish.

You should definitely contact an attorney in your area that practices in the real property area, and get some specific advice based on all the facts. If you've not yet had a survey made, that would be a good idea as well.

Hope this helps - let me know if you need anything further.

Good luck and best regards,

Tom Newton

Re: neighbors fence over the property line

He can do whatever you let him do. You should take action to correct the problem now, and make him take down the existing fence and put the new fence where it belongs on the property line. Feel free to contact me if serious about doing so.