Legal Question in Real Estate Law in California

Re: time limits on legal property boundaries

As I said, yes I can answer it. I have significant experience litigating property line disputes. Do not post any more facts online. For legal reasons, I cannot post a simple answer for you. You may give me a call right now if you like.

Best,

Daniel Bakondi, Esq.

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Re: time limits on legal property boundaries

I can post an answer for you. This may not be what you're wanting to hear, however.

There are several legal theories or laws that MIGHT come to your rescue, at least to some extent. However, on the whole, I don't think your position is particularly strong. The law has a strong preference for finding that boundaries are exactly as described in the deed, and that the passage of time does not move them.

Nevertheless, possibly helpful theories that might be explored include:

(1) Prescriptive easement. Someone who has used someone else's property in a certain way or for certain purposes for five or more years may have obtained a rock-solid and legally defensible right to continue to do what originally was a trespass.

(2) Adverse possession. Even stronger that prescriptive easement, because title passes, not just a right to continue the use. However, requires proof that you paid the property taxes on the slice of land claimed. This is often impossible to prove, because taxes are usually assessed and paid on the basis of the record parcel size and description, not what is seen in the field. However, worth inquiry.

(3) Agreed boundary doctrine. In areas where surveys were difficult, or not properly done, or deed descriptions were ambiguous (referring for example to big oak trees that are no longer there), it used to be common for courts to say the legal boundary is where the owners' grandfathers assumed it was and built their fences and abided peacefully for generations. This doctrine is still semi-accepted, but courts strongly prefer to rule that the boundary is where a (modern) survey shows it is, based on a modern deed description referring to existing landmarks.

(4) Innocent improver statutes. If someone improves a neighbor's land in the mistaken but good-faith belief that it is his own, he has certain rights against the true owner. Code of Civil Procedure sections 871.1 et seq.

(5) In addition, there are numerous other laws that might be marginally helpful, such as legal principles preventing a landowner from removing trespessing things without a court order, equitable easements, etc.

There may be other concepts that just aren't popping into my head at this late hour.

Finally, I would not necessarily accept the survey as accurate.

If you would like a sympathetic rather that sarcastic further evaluation, please contact me directly with further details, especially the history of ownership of these adjoining parcels.

Re: time limits on legal property boundaries

Sorry, your question isn't simple, and no, I don't want your business.

What's "legal" and what somebody can get away with are two different animals. If someone tried to bulldoze MY tree on my land, I would be lying in front of the bulldozer, getting my friends and relatives to help, calling the police, having lawyers send them letters. So far you have apparently allowed them to do all these things, and apparently you haven't done anything except watch them.

If you take them to court, and you win, then you will have obtained a judicial determination that what they did was "illegal," and you would then be entitled to legal remedies including an injunction to make them stop, a declaratory judgment that you own the land in question, and an award of damages (money).

Winning your case does not necessarily require that the survey boundaries be in your favor. Sometimes the passage of time is enough.

If you don't do something about it, they will have gotten away with it, and it will all have been "legal." You snooze, you lose.

Re: time limits on legal property boundaries

I have to agree with Attorney Whipple. There are several legal theories upon which you might rely, however, ultimately when you purchase a piece of real estate, you - the buyer - are charged with knowing where the property boundaries are, and not improving the property beyond the confines of those boundaries. Particularly any time you are going to improve area on a boundary that is not clearly delineated with surveyor's marks, you should have it surveyed before the improvements are made. While that may not seem reasonable, the law is not always reasonable. You do need to consult with an attorney - this is not a problem you can handle as a pro-se litigant. By the way, this forum is intended to provide people with general information, not a step-by-step guide for how to resolve legal problems. No attorney is going to do a bunch of work for free to help you resolve this problem. They are going to give you the general information (as Attorney Whipple did) as to the nature of the problem you are facing, and from there you need to retain counsel to ultimately resolve the problem.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.