Legal Question in Real Estate Law in California

Re: Property law

There are two (at least) concepts here. One is adverse possession, under which the trespassory possession actually transfers title (ownership) to the property after five years. The other is prescriptive easement, whereby after five years the user of the property acquires a right to continue to use it in the same manner.

Adverse possession (transfer of title) requires the payment of all taxes during the 5-year period by the party asserting the claim. Since your property is probably assessed, and you pay taxes, based on the recorded legal description of your property, and not based on the location of the fence, your neighbor will almost certainly not ever meet the requirements for adverse possession, so you won't lose ownership.

On the other hand, an easement by prescription does not carry with it a requirement of payment of taxes by the user. All that is necessary is adverse, hostile use for at least five years. After that time, the user will have acquired an easement and cannot be ordered to discontinue the use. You won't have lost ownership, but you'll have pipes and spigots you may not want.

One easy way that may be effective to prevent this use from ripening into an easement is to remove the necessary element of adversity or hostility (legal terms with special meanings here) is to send the neighbor a certified letter, keeping a copy and proof of mailing and delivery, giving him a license to install, maintain and use the pipes and spigots and any relaterd paraphernalia.

You could have a local lawyer write up a license, or just say "I hereby grant you a revocable license to install, maintain and use ..... (describe the facilities) on a one-foot strip of my land outside my fence on the (northeast, or whatever) side of my house at 123 Main St., Assessor Parcel 123-456-789."