Legal Question in Real Estate Law in California
i was sold my home 12 years ago and they had to replace my roof and fence before selling to me. They added the cost of that to my loan. So when they replaced my fence i assumed it was correct. Why would the bank not follow boundries. I have since poured cement and placed pool equipment on this property. Now my neighbor is claiming that it is his property. I dont even think he owns the home anymore. It was up for sale a few times and went to auction because he couldnt make payments. Can i gain adverse possession?
1 Answer from Attorneys
No. You would have had to pay property taxes on it as a separate parcel. That is a condition of adverse possession. You could try for a prescriptive easement, but you would run into trouble with current case law which says that if you a claiming exclusive use of the land, you have to prove adverse possession.
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