Legal Question in Real Estate Law in California

My property is at the back of an elementary school and shares the West and South side of the school fence put up before we bought in 1990. The water dist is interested in purchasing the 1 acre lot on the South side to put in a well and pump house. It also needs to purchase 1/3 acre on the West for an access road. The detailed map shows our fenceline on the West to be off by 20-30 feet on what we considered our property. Landscaping, irrigation, and many large beautiful trees are along that side, in both front and back yards. I've gone to Sac Co. Assessor's parsel viewer and it shows our parcel to be larger than the one that was sent to us. I know the old adage you can't fight city hall but I feel almost being forcefed this after all the years and time maintaining and enjoying it. Any established boundary, implied boundary, boundary by agreement, adverse possession, or anything else to righting this wrong.

Thank You, Mark Mitchell


Asked on 4/12/13, 10:47 am

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think your first step ought to be an accurate determination of where the property lines are. My suggestion would be to get a couple of bids from local surveyors with experience in doing urban lot-line locations for possible litigation needs. With modern techniques, surveys are relatively inexpensive and pretty accurate, especially when the surveyor is working in familiar territory. Provide the surveyor you select with all the information including parcel maps, but most important, the legal description from your deed.

There are some legal theories that might be worth investigating if the survey results are unfavorable, These include 'agreed boundary' and 'easement by prescription' and others, but in an urban setting judges are more likely to adhere strictly to the deed descriptions.

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Answered on 4/12/13, 11:31 am

Although I agree with Mr. Whipple that you should get a survey to know where the exact legal property line lies, he seems to be forgetting that you are dealing with a public entity owner on the other side of the line. You can't acquire public property by adverse possession or any other equitable method the way you may be able to do between private owners. So whatever the survey shows will be what you own and don't own, end of story.

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Answered on 4/12/13, 12:16 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick, in that you cannot gain title to property from a public entity by way of adverse possession.

You can't rely on a tax assessor's map to figure out where the boundaries of your parcel are. You have to rely on the boundaries as set forth in the legal description in the deed by which you took title, and have it surveyed.

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Answered on 4/12/13, 4:32 pm


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