Legal Question in Real Estate Law in California
Property
25 years ago, the neigbor behind me agreed to put a fence in a different place other than the acutal property line. It gave us both more privacy.We paid for the fence as a pool was going in at the time. There is a small slope that belonged to them. I have maintained it with large trees, ivy, and a sprinkler system. The new owners now have lived there since 1986. They were aware of the legal property line, but were enjoying their privacy and our large trees. We just removed two out of the four trees. So now they want to move the fence to the acutal property line. This would change our yard drastically.
Do I have any rights on this slope,since no one as disputed it in 25 years? I have no records of the first transaction, and the city doesn't have a fence permit, only a pool one.
Thank You,
DC
3 Answers from Attorneys
Re: Property
you may very well be the owner of the property, despite the original property line, under a theory known as adverse possession. if you want further assistance in this area, please contact me directly with more facts and we may be able to quiet title once and for all in your name, despite the neighbor's claim.
562-743-1357
Re: Property
You may be thinking that you may have acquired rights to the extra property through adverse possession, agreed boundary, or some similar legal doctrine. Unfortunately for you, none of these doctrines appears to work in your favor. The possession, since it was pursuant to agreement, lacked the 'hostility' (term has special legal meaning) necessary for adverse possession. Also, the placement of the fence was not to memorialize a boundary-location agreement or understanding. Rather, the opposite is true.
No one has disputed the placement of the fence because there was nothing to dispute. It was all by agreement.
Now, since there is no deed, contract, adverse possession or other legal basis for claiming the additional land (that I know of from your question, at least), it's my view the neighbor can oblige you to allow the re-location of the fence.
You have several other options to consider, however. One is to obtain a survey, which could show that the actual boundary is more (or less) favorable than you assume. Another is to negotiate a minor lot-line adjustment, where, possibly for a small payment, the lot line is moved to a compromise location. This probably requires county (and/or city) approval. You can negotiate some other deal, like an informal extension of the existing informal 'boundary.' Or, you can hire a lawyer to go over the land and title records of both properties with a fine-tooth comb to see if there is anything favorable to your position that has been overlooked or forgotten.
Re: Property
No. Since you placed the original fence at a joint cost by agreement, you were enjoying a license at will. In order to acquire a permanent use or easement you would have to purchase the easement and record the easement in recordable form, or acquire a prescriptive easement. However, the facts you describe do not qualify for a prescriptive easement.
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