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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.
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