Property line

UPDATED: Oct 1, 2022

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Property line

I bought the house 2 years ago, now I want to build a detached garage. I start
looking at my property lines and I realized that what I have do not match with
Assessor’s Map. In one side of the lot the fence is 5 feet inside my property, it
looks that has been that way for several years.

The neighbor’s property is a rental, I already talk to the owners, they are not
convinced or not willing to listen to my request. I offered to move the fence
myself, I will take care of all costs of moving or erecting new fence. A survey
was done, I was right, but neighbor not interested in doing anything o do not
Can I get in a lot of trouble if I move the fence?

Asked on September 1, 2018 under Real Estate Law, California


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

Answered 4 years ago | Contributor

WHat you have here is an issue under the law known as "adverse possession."  The general twerms used are "open and notorious" and "continuos, hostile and uninterrupted" for the statutory time fram of usually 5 years in California.    I would first seek consultation from an attorney in your area.  Each case differs based upon the facts.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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