Property Q&A in Watsonville>Question Details

Tony, Home Owner in 95019

my neighbor is over on my property and has painted nice redwood fence how can i handle this

Asked by Tony, 95019 Thu Oct 13, 2011

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Tony:

You obviously need to CONFIRM where the property line is before moving forward. Sometimes there will be a " + " mark in the top of the curb at the street that designates the property line; however, you really need a plot plan to get a better idea of how the property lines are laid out (your lot may not be an exact square).

I do not discount the risk of an Adverse Possession issue arising; however, my understanding is that the pending “Adverse Possessor” must mark off the property in some obvious way to show the area they are claiming; they have to use or improve the property; you have to pay all property taxes for a minimum of five years.

You can read more about this topic here: http://www.stimmel-law.com/articles/Adverse%20Possession%20-…

-Steve
0 votes Thank Flag Link Sat Oct 15, 2011
Hi Tony,
If your neighbor is encroaching on your property, you should get started right away to straighten things out. If you let it go, after 5 yrs. the property becomes your neighbor''s by what they call "adverse posession". If the property lines are clearly marked, you may just nicely inform your neighbor where the property line is. I would then send him a letter confirming your conversation that he understands he has painted your fence and his 6 X 15 area (I think you said he put concrete down) is actually on your property. If you should end up in court later over a property dispute, you will need more than just your word that you had a conversation with him claiming your property. If he denies that the property is yours, you will probably need to hire a surveyor to establish your property lines.
Good luck to you.
0 votes Thank Flag Link Fri Oct 14, 2011
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