Legal Question in Real Estate Law in California

I have a question relating to property line dispute with my neighbor. I purchased my house last year, and found out that there was a mistake in the plat and legal of the recorded survey map, specifically is the joint property line with the neighbor. I also found out that the neighbor paid for a survey, corrected the mistake to her benefit (moved the property line 4' over toward my lot, so she gained 4') and rerecorded with the county. The extra 4' makes a big difference to the access to my driveway. I don't believe the neighbor had informed the previous owner of this correction, especially on the fact that she took advantage of the situation.

My question is can I still dispute the fact that she took 4' through the rerecording process?

Can I also get a survey and rerecord with the county with my version of the correction?


Asked on 8/06/12, 11:53 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Your post doesn't make sense. You own the property deeded to you when you bought the property. You own the property that is described by the legal description, and nothing else. The same is true with your neighbor. All a proper survey does is delineate where the property is, based on the information given the surveyor. It can be garbage information, or it can be an accurate legal description. If it is based on accurate information, it will be an accurate survey. I've seen junk surveys and I've seen proper surveys.

Property lines don't get moved by a surveyor. That's illegal. A court can quiet title to a boundary line in a proper case, based on surveys, but that is a whole other matter.

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Answered on 8/07/12, 9:08 am


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