Legal Question in Real Estate Law in California

Too Much Property !

Purchased property from my parents in 1986.My parents purchased the land around 1968.The land has a mobile home,tool sheds and a fence around the entire lot.During a recent survey it was discovered that our property is about 10 feet to wide on both sides.When I mentioned this to my parents they said they knew it was off,but always maintained the property and never had a problem.Is this now a problem for me? What if i decide to sell my property ?


Asked on 8/19/00, 5:01 pm

1 Answer from Attorneys

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

Re: Too Much Property !

I'm not clear on what you mean by 'too wide.' Do you mean the property extends beyond the fences, or that the fences are beyond the actual boundary?

If the property extends beyond the fences, you should tell the neighbors (preferably in writing) that some of your land is outside the fence, that they can make limited use of it for now, but that you reserve the right to withdraw that permission and use it exclusively in the future. That will help prevent 'adverse possession' from occurring, if it hasn't already.

If a neighbor reacts to such friendly notice with some kind of claim of rights, you should see a lawyer at once.

If, on the other hand, your fence encloses more land than it should, you might want to ask a lawyer about asserting an adverse possession claim on your own behalf. Before asserting such a claim you should weigh the value of the land against the neighbor hostility you might engender.

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Answered on 9/26/00, 3:30 am


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