Posted by Larry Weaver on May 03, 2005 at 19:36:54:
Frank:
Thanks for your reply. The adverse possession issue gives me a good starting point from which to begin. I appreciate your quick response.
property rights - Posted by Larry Weaver
Posted by Larry Weaver on May 02, 2005 at 14:42:49:
I have lived in the same residence for 19 years. We recently had a new neighbor move in, and she is claiming that my driveway is actually her property, that it was quick claimed in 1950 as a portion of her lot. She currently has no access to this section, nor has there been access for at least 30 years. Also my plot plan states that this portion belongs to me. She is going to sue me over this. Are thare any laws in Calif. regarding length of time and use of property, that may make this a moot point should she be correct?
Thank you for your time,
Larry
Re: property rights - Posted by dealmaker
Posted by dealmaker on May 02, 2005 at 21:04:24:
When you bought your place 19 years ago did you get a survey? A title policy?
What proof does she have that it was QUIT CLAIMED? Did she just purchase her place?
This isn’t the time for guessing. Probably time to visit an attorney. Of course first you should review all of your documents. Not sure what “section” it is that she has no access to.
Lots of unanswered questions here. Remember, self help law is like self help dentistry. It may be cheap but it’s usually painful.
dealmaker
Re: property rights - Posted by Frank Chin
Posted by Frank Chin on May 02, 2005 at 21:03:03:
Larry:
I’m not an attorney.
But, this is an “adverse possession” issue, and its something you’ll need an attorney to look at, not only because its state law specific, but having the lawyers doing the talking will also prevent emotions from boiling over.
A good freind of mine had a survey done after a refi, and it was only then that he realized the prior owner built a fence that’s ten feet inside his own property line, and the neighbor on the other side assumed the area on the other side was his. Both assumed that the fence was the property line for nearly 20 years.
When my friend told his neighbor of this, I was told that the neighborly neighbor turned hostile, and threaten to shoot my friend if he dared to trespass. My friend shoulda just have an attorney sent a letter.
In CA, it seems you need to occupy for at least 5 years, and paid taxes on it as well. So, it may depend on whether the quit claim back in 1950 was reflected in the payment of taxes.
Frank Chin