Legal Question in Real Estate Law in California

Re: Property line dispute

There are many facts to be considered, but there can be a five year limitation.

Joel Selik

800-894-2889

www.4thelaw.com

Re: Property line dispute

The five years comes from the possibility that the shed could be an easement by adverse possession (squatter's rights).

Re: Property line dispute

There may be a zoning violation. Contact your city or county government to see what the setbacks are, and if you think it is being violated, report it to the department.

Re: Property line dispute

One thing to keep in mind is that for adverse possession or a perscriptive easement to arise, the person who built the shed must occupy the property under claim of right, the use must be open and notorious and essentially without your consent. If you aren't yet sure what to do, send the person a certified letter telling him or her that you believe that their shed is partially on your property, that you have no objection to the shed partially occupying your property at this time and that you give permission to the shed owner to allow the shed to remain on your property until you ask him or her to remove it and, finally, that you reserve the right to require removal of the shed from your property at any time. If you have ever noticed in many of our major cities, major buildings will have just such a plaque on the sidewalk surrounding their buildings. The purpose of this plaque is to preven someone who walks by the building on the sidewald every day for five year from claiming a right to a perscriptive easement (this assumes that the walkway is owned by the building owner, not by the city, of course). You are attempting to do the same thing by consenting to the use with such consent revocable at will. This eliminates any claim by the owner of the shed that he occupied the property under claim of right and that you conceded the claim of right. Instead, you are giving revocable permission to the use of your property.

This can be done in such a way as to eliminate a hostile confrontation between the two of you.

Bob Beauchamp

www.beauchampfirm.com