a home built in 1978 erected a block wall fence around the property, thought to be inside the property line. in 2007 the adjacent lot was built on, with that owner alleging that the aforementioned fence is on his property. Doesn't eminent domain prevail as far as easements go?
Optional Information: helendale, California
Dear XXXXX wolllard,
Eminent Domain is a legal taking of land by a government (be it state, federal, local, or other) for public purposes, it does not cover takings of lands by private individuals or businesses from each other. Also, easements can be granted willingly, taken under state laws, or be granted to utilities, etc., they are not controlled by federal Bill of Rigths, Fifth Amendment eminent domain.
In property law there is a concept known as "Adverse Possession" and/or "prescriptive easement." Under these terms, given state rules, a property owner who openly uses another person's land and cares for it, for a required number of years, without the other owner's permission, may become the legal owner of that land. Normally, they will need to go to court to argue that they have met all state requirements in order to have the court declare the land theirs (sometimes called a "quiet title action").
You can learn about adverse possession or easements by reading:
http://caselaw.lp.findlaw.com/data2/californiastatecases/b182257.pdf (this court case explains CA adverse possession)
Experienced attorney; contracts, internet, business, finance, employment, RE, consumer, & more.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).