Legal Question in Real Estate Law in California
Proprty Line Debate- Parcel Map
My husband and I have owned our house for four years. We are on a sloped hillside, so our front yard is enclosed by a retaining wall that surrounds 2/3 of the property. This wall begins at the public sidwalk and wraps up around our driveway. The driveway only connects to our house, but has a fire road access gate at one side. We have known that we have an easement to use this driveway, but have always assumed it was with the city for city access behind our house. Our neighbor that is on the other side of this driveway, has just informed us that she owns the driveway and about a 20(length)x 3(width) foot section of the retaining wall and land behind it. The previous owner never told us about this when we bought the house and the filed parcel map appears to follow the retaining wall. We have been taking care of this land and planting it as if it were our own. The neighbors acquired the parcel in 1989 and when they split it, included the wedge which is connected to our front yard.
Is there anything we can do through adverse possession law to acquire this land?
2 Answers from Attorneys
Re: Proprty Line Debate- Parcel Map
You may be thinking of a prescriptive easement, which is similar to adverse possession, except you won't own the proprety, just a prescriptive right to use it.
My recommendation is for you to obtain copies of all express easements, which will be recorded, that affect your property. You should also find out if a survey has been performed in the past, by a previous owner, before outlaying a significant amount of expense to have one done.
Once you have gathered this information, you should speak to an attorney. Neighbor wars can be very annoying, and it is a good idea not to go off half cocked.
Let me know if you need a point in the right direction.
Very truly yours,
Re: Proprty Line Debate- Parcel Map
Adverse possession is a way to gain title to someone else's property. In California, adverse possession requires five years of continued use which is "open and notorious" and "adverse" to the owner's interest. The maintenance and upkeep and improvement of the property is required and for the five years of use the property taxes must be paid for the property being adversely possessed.
It is impossible to tell from the facts that you've presented to know if you even NEED to file a claim for adverse possession. There seems to see a great deal of confusion over whether your neighbor "owns" the driveway or has an easement over your driveway.
A licensed surveyor can help you determine where the property line actually is and where any easements atually exist. You can also show the title insurance policy and the easement documents to an attorney for an opinion on who actually has an easement and the scope of the easement. Once you have this information, then your attorney can give you more complete advice for any disputes you might have with your neighbor over the ownership and use of the driveway.
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