Legal Question in Real Estate Law in California

Re: Trespass and Converison

At a law library. Look at Witkin, California Law for trespass (conversion is probably

wrong); also look at laches, and waiver, and prescriptive easements. Miller & Starr, California Real Property Law, may

also have some useful information.

As a guess at what you will find, defendant is guilty of trespass, unless the use (the fence) has existed for the prescriptive period.

Re: Trespass and Converison

Another lawyer would never tell you this but this kind of situation is covered by your homeowners insurance. turn it over to them.

Re: Trespass and Converison

Just a follow-up to the sound information provided

by Mr. Somit and Mr. Koury -

Conversion is not a correct cause of action.

Conversion deals with the wrongful taking and

retention of personal as opposed to real property.

Another treatise that I've found especially helpful

for prescriptive easement/adverse possession

issues is Backman & Thomas, "A Practical Guide to

Disputes Between Adjoining Landowners - Easesments"

c 1989, etc. Matthew Bender.

The foregoing information is provided as an

accommodation only, and does not constitute legal

advice or a legal opinion based on a comprehensive

review of all relevant facts, nor can provision of

such information be construed as creating an

attorney-client relationship.