Full question:
I have been living in my home in California that my wife and I purchased over 11 years ago. Recently, a neighbor who bought the house on one side of our house about 2 years ago informed me that our fence encroaches over his property line. He wants us to move the fence. This same fence has been there since we bought the house. Do we have any rights under adverse possession since the fence has been there for at least over 11 years? Do we have any recourse?
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: California
Answer:
Boundary disputes often arise between neighboring landowners regarding fences and property lines. A boundary is defined as a separation that marks the division between two properties. In your case, the fence has been in place since you purchased the property, which is significant.
Encroachments occur when a structure, like a fence, lies over a property line. If neighbors cannot agree on the boundary, it can lead to disputes or boundary line agreements. Generally, an encroachment exists if a fence or structure has been in place for a period shorter than the statute of limitations for civil actions regarding real property. In California, this period is typically ten years.
Since you have owned your property for over eleven years, and if the fence has been in the same location throughout that time, you may have a claim under adverse possession. This principle allows a person to claim ownership of land if they have openly and notoriously possessed it for a specified period. This includes the time the previous owner occupied the property, as long as the fence remained in the same position. This accumulation of time is known as 'tacking.'
To establish adverse possession, you must demonstrate exclusive, open, and notorious possession of the property. Some states also require payment of property taxes during this period. In California, the statute of limitations for adverse possession is ten years (Cal. Civ. Proc. Code § 325).
It may be beneficial to consult an attorney to negotiate a boundary line agreement with your neighbor. This could help avoid costly litigation and reach a resolution that works for both parties.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.