If my neighbor claims I’m on her property by 3″ and that a recent survey marking proves this, what are my options?

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If my neighbor claims I’m on her property by 3″ and that a recent survey marking proves this, what are my options?

There is also an older survey type marking that lands precisely where are property line currently lands. I think the newer marking was drawn as a result of her neighbor getting a survey that claims she owes him 3″. Here’s the kicker, with the extra 3″, her neighbor’s property will be 50’3″ wide. I checked with the city and all our properties should be exactly 50′. Anyway, I purchased the home almost 11 years ago and we have operated under the existing property line that entire time. Even if a survey shows I’m over by 3″ (which I highly doubt), can she even pursue this?

Asked on April 13, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You certainly have a predicament on your hands.  It will be a battle of the surveys here.  What you need to do is to bring an action to quiet title BEFORE he does.  Because that is what he is going to do.  When you closed did you have a title search and survey done?  And was there a title insurance policy?  Pull it out.  There may be a statute of limitations issue but it still may be helpful.  Get a lawyer.  Good luck. 


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