Legal Question in Real Estate Law in California

Recorded document dispute

After a survey has been recorded by the county on a property newly purchased can a neighbor claim that the recorded survey is one persons opinion and try to maintain posession of the property and can I PERSONELLY REMOVE HIS PROPERTYIF HE REFUSES TO DO SO?


Asked on 7/14/09, 7:45 pm

1 Answer from Attorneys

Thomas W. Newton Tims & Newton

Re: Recorded document dispute

Some more information would be helpful. How long has the neighbor been in his present location? What is he claiming? Ownership? Some right of use? Some other rights in your property? Depending on what it is your neighbor thinks he's entitled to, you may have an adverse possession issue or a prescriptive easement issue.

Regarding the survey, it's much more than an opinion, but it is not necessarily the Gospel. Two different surveyors might set the same property line differently; if it becomes an issue, a judge or jury decides who's correct.

Regarding removing his property, don't do it. California law doesn't allow self-help. You'll probably need to get counsel to pursue this. Make sure you talk to some one who deals with real property law and has some understanding of easements, boundaries, etc.

I hope this helps - let me know if you need further information.

Best,

Tom Newton

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Answered on 7/14/09, 8:49 pm


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