Legal Question in Real Estate Law in California

property line dispute. What has precedence, the original property 75 year old marker or a recent survey?


Asked on 2/21/23, 8:42 am

1 Answer from Attorneys

It is a question of reliability of the evidence. A marker is one surveyor's opinion, a new survey is another surveyor's opinion. If a ruling had to be made the new survey would likely prevail for two reasons. 1. Earth moves. There is a big mess in southern California in Pacific Palisades because property lines are considered fixed to the center of the earth and the sky above, but earth movement has moved whole houses so that they are now across the legal property lines. So if the marker moved it no longer is valid. 2. Seventy-five year old surveying techniques are not as reliable as modern GPS and laser based surveys.

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Answered on 2/21/23, 10:15 am


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