Legal Question in Real Estate Law in California

Re: property line dispute

Yours is an interesting question, that will most likely be determined by the results of the survey. It's a little difficult to understand from a verbal description. I can't tell from the facts that you described if there was sufficient "adverse possession" to qualify for what is known as a "prescriptive easement." That would entitle you to continue using the property in a manner consistent with the prior use that you made of it (although you wouldn't actually own it). In order to make that determination, the most important factors will be why the fence was placed where it was, whether that use was with the permission of the owner of the vacant lot, the timing, and whether the use has been continuous. I don't think that any of the prior owners are on the hook. Unless the survey shows that the fence and/or plants are encroaching, and you're the ones who put them there, and you don't meet all of the requirements for a prescriptive easement, I wouldn't move a thing.