California Real Estate Attorney
Q.I'm having a little FUN, not really, with a neighbor of mine regarding property line issues. It just so happens that I own property adjacent to hers and she's already threatened to sue me over a failing hillside that she claims is on my property. Our latest bruhaha was over a tree that she said was on my property that required trimming. The disputed area, two houses down from ours, is along a drainage ditch and surrounding hillside. According to the official boudary map, we do own the disputed area. Here's the rub. At least ten years ago, the property owner who owned her house prior had a problem with their orignal wood back fence, TERMITES. So, they demolished that one and built a new chain-link back fence along with adjoining side fences. When they built these new fences, instead of replacing them along their original property line, they moved them fifteen to twenty feet down the hill, expanding their back yard onto our property. My parents, whom I bought this house from, never challenged this new boundary that they erected. Does anyone know anything about issues like this, of the property line persuasion in California, so I wouldn't be going into this distasteful situation so blindly.
A.I know only enough about these issues to tell you to go to an attorney knowledgeable in real estate law NOW. If someone has had "notorious, constant and hostile" use of another's property for a long period of time, twenty or thirty years, in my uncertain memory, they can prove in court that they now own it. In other words, when your parents didn't dispute it, they gave the fence-mover a hostile easement. Now, on the other hand, if you WANT to give up that land to solve other problems, I don't know how you proceed. Get a surveyor. Get a lawyer. Bite the bullet and pay now, or you'll assuredly pay later, and in much bigger chunks.
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