Legal Question in Real Estate Law in California

Property Line Dispute

Hello,

I have owned my property for 15 yrs. I bought the property in good

faith based on said property lines. My new neighbor has hired a

survey company who now says he owns 15 ft into my land which

includes the front stairs/path to my home. Do I have any legal

rights to this land if the surveyors are correct?

Thanks for any advise you can give me.


Asked on 7/18/04, 7:59 pm

4 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Property Line Dispute

Normally, a neighbor can only get title by adverse possession if he actually pays taxes on that portion of the land. He may be able to obtain an easement. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

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Answered on 7/31/04, 9:29 pm
Joel Selik www.SelikLaw.com

Re: Property Line Dispute

Yes you might depending on various factors.

Joel Selik

Attorney/CA Real Estate Broker

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702-243-1930

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This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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Answered on 7/19/04, 8:49 am
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Property Line Dispute

You own it by prescription. Contact me, I've fought these kind of cases before and won.

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Answered on 7/19/04, 11:27 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Property Line Dispute

Maybe. If you and your neighbor can't agree on something that works for both and put it into a formal agreement, etc. you can determine your rights in a quiet title action. You may have acquired title be adverse possession, or perhaps a prescriptive easement.

You should work with an attorney on this issue.

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Answered on 7/18/04, 8:10 pm


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