Legal Question in Real Estate Law in California

Property Line Disputes

A fence between two properties was built nearly 20 years ago (including a retaining wall). I purchased the property almost one year ago with the understanding that everything on my side of the fence is mine. The neighbor now says he wants to move the fence two feet, taking property I (and previous owners) use as a garden. He claims the land is his, even though he has not used it or surveyed to prove it.

Question: If a survey shows the 2 feet is part of his lot, is there anything I can do to stop the movement of the fence?


Asked on 1/12/98, 3:29 pm

1 Answer from Attorneys
Marc Weissman Weiss & Weissman, Inc

Boundry Fence Mis-Placed

California law allows a prescriptive easement over land not owned by you but used by you (or the prior owner of your land) for 5 years.

Read more
Answered on 1/14/98, 12:24 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California