Legal Question in Real Estate Law in California
My True Property Line - Help
We are preparing to do some landscaping and adding a pool to our property. We went to the city to see where the easments are and where our true property line is. Our wall needs to be moved back five feet into our neighbors behind us. You can tell by looking over the wall where the original wall once stood (It's actually a retaining wall right now, since their property sits 3ft lower than ours). We have lived here for 3 years and they moved in not long after us. Can we just knock down our old wall and remove a pine tree (at our expense) without their permission? They have not used the land. It's just dirt. However, they did build a treehouse in what is our tree.
Thank you!
1 Answer from Attorneys
Re: My True Property Line - Help
First, you need to check with City Hall regarding removal of any tree in the city limits, even if it's on your property. Some cities, not all, regulate the removal of trees. It may depend upon its age or species.
With respect to the property line, I strongly recommend having a licensed surveyor determine where the property line is -- boundary confirmation surveys are quick and relatively cheap in urban areas, thanks to new electronic equipment. Cheaper than defending a trespass or quiet title lawsuit, for example.
Finally, with respect to easements, you need to go to the county recorder, not the city, for information about easements of record that may affect your property. This information is hard to find with reasonable certainty, and a good starting point might be the preliminary title report you received before you bought your property. Having the issuing title company do the research for you would be wise.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
