Legal Question in Real Estate Law in California

Hello, have a question about property lines. My property is in Los Angeles, California - I purchased the property in May 2013 and did a land survey in 2014. Markers were set and the Record of Survey is filed with the County. Through the survey, I found that the location of the fence is off (about a foot into my yard). I didn't informed my neighbor at the time. Now that my fence is really falling apart, I want to rebuild the fence with a block wall at the proper location. Talked to my neighbor today, she refused to build the fence based upon the property lines and said I didn't tell her at the time of the survey, I had relinquished my right. Is her argument valid? Is there a statue of limitation that governs that? Can someone cite the law so I can look it up. It is my land. I have been paying property tax on it. It is hard to understand someone has been using my land and refusing to return. Please help me here!!

Asked on 3/24/22, 6:11 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

The fact that you paid taxes on the full premises voids any claim she might have to own the strip of land. By occupying and using that strip of land without your consent, however, she may have acquired a prescriptive easement to use it. That could preclude you from building a fence or wall that blocks her off from it. Ultimately, though, you currently have the legal right to put a new fence (assuming it meets code and planning and zoning requirements) anywhere up to the property line. The burden would then be on her to sue to quiet title to easement rights and for an injunction against building a fence that cuts off her use.

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Answered on 3/25/22, 10:11 am

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