Legal Question in Real Estate Law in California

I have owned a parcel for approx. 20 years, the neighbor has been using it as a part of their back yard (not fenced) can I have it surveyed and put up my own fence


Asked on 10/02/12, 10:18 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Yes. If the neighbor tries to claim easement or adverse possession, you may need to hire an attorney though.

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Answered on 10/02/12, 11:34 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Probably; California courts have shown a reluctance to shift parcel boundaries based on claims of adverse possession or easement by prescription. If he takes you to court, you'd probably win if represented by an attorney familiar with recent appellate-court rulings on similar cases.

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Answered on 10/02/12, 12:51 pm


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