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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://www.thehousingpages.com/articles/adverse-possession.asp
http://www.lectlaw.com/files/lat06.htm
http://caselaw.lp.findlaw.com/data2/californiastatecases/b182257.pdf (this court case explains CA adverse possession)
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