What is the most effective way to get our land back from our neighbors?

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What is the most effective way to get our land back from our neighbors?

We have been in a property dispute with our neighbor for about 7 years. Their fence is encroaching on our property by 2.5 feet by 123 feet. We became aware of the encroachment after we had our land surveyed but they still claimed the land was theirs. They are now selling their house and we want to get our land back. They put in sprinklers and plants on the other side of the fence. We have paid property taxes on all of our land for more than 10 years.

Asked on August 20, 2012 under Real Estate Law, California

Answers:

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

Answered 8 years ago | Contributor

You will need to bring an action to "quiet title" which will re-establish your property boundaries and allow you to have them remove the fence and what ever else has been placed on your property.  You just need to make sure that they are not going to bring a counter action for adverse possession.  Good luck.


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