Legal Question in Real Estate Law in California
the site plan for my mothers property shows that the fence is located 2 feet off the property line and our neighbor now has 2 extra feet of land ,this has been this way for over 20 years. I just discovered this and would like to reclaim the 2 feet that is lost? Is this possible and what actions would I have to take. The land is in a rural area and is about 1.2 acres in size.
Thanks Greg
1 Answer from Attorneys
First, land is not lost to adverse possession so long as the owner of record pays all the property taxes. So, your mother very likely still has a viable claim to the two-foot strip. Further, this is not a situation where the neighbor is likely to be able to claim a prescriptive easement.
However, a document described only as a "site plan" doesn't sound like convincing evidence of where a boundary is located. Site plans are prepared for many purposes, and not all of the possible purposes demand that it be, or be based upon, an accurate survey by a licensed surveyor.
So, the bottom line is that your mother can probably bring a successful action in ? El Dorado County Superior Court to quiet title to the two-foot strip and perhaps also to allow her to move the fence or to require the neighbor to move the fence. In order to succeed, she will need a recent survey by a licensed surveyor showing the relationship between the fence and the true property line. The site plan you mention may not be recent enough or reliable enough for the purpose.
I have other easement and boundary cases in the Placerville and Forest Hills area and could efficiently represent your mother if the family decides to attempt to quiet title and/or get the fence moved as a trespass.