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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35309
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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We own 2 pieces of property side by side for a total of 3 acres.

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We own 2 pieces of property side by side for a total of 3 acres. Several years ago, the property to our left was surveyed before purchase. The buyer needed 3 feet more in order to be able to build the house he planned to build and would we give it to him. We told him yes. The fence line was never changed from what it had been when we bought it in 1962. The paper we signed was never registered nor was the survey. The surveyor at the time of survey told us that there was a discrepancy in what he found on survey and what our fence lines have been all these years when we purchased the land. There was a marker in the road indicating the fence line was indeed the line of the property on the opposite side. That has since been covered over in road improvement, etc. Now the neighbor that bought that land to our left wants to build a house behind his and is questioning the legal property line between our properties, and there is no paper work showing that we had given that 3' of property over to the prior seller. Where do we stand legally at this point. Where do we stand on this? I checked and there was no registration of the change we agreed to. What is the legal standing?
Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

How long has the structure encroach on your property? Or is it not encroaching and the owner just needed 3 feet for setback purposes?

Is the property to your left one of your 2 parcels---it is unclear?

Doug
Customer: replied 3 years ago.


It was set back purposes. The property to our left is not one of the 2 parcels. The surveyor at that time told us that to the right of us (our second parcel) and up to the next cross road, there is some footage not in the tax record but we don't know where that unrecorded footage is considered to be.

Hi Jeff,

Thanks for the additional clarification.

Quite simply, as there has been no easement filed based on the "license" you gave the other owner to consider several feet of your lot to be his to allow for the set-back requirement, then the property line is as described in the deeds---presumably both your left lot line and the lot line of the parcel to your left are exactly the same line.

That is where each of you stand at this point in time.

Doug
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Customer: replied 3 years ago.

Thank you for that answer. Is it possible for the paper we signed years ago to be filed at this late date?

Good evening Jeff,

I'm not sure what the "paper" you signed actually recites---but if it was a lawyer-prepared Easement, and if it is filed before you sell your property to another buyer, the easement will still be valid. It is not necessary to file it immediately to make it legally effective---so long as it is filed before the property burdened with the easement is sold to a purchaser who is unaware of the easement conferred and not recorded.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug
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Customer: replied 3 years ago.

Thank you so very much for your answer to our question. Sounds like we are in all likely hood going to be stuck with the easement, but we appreciate knowing the probability.

Good evening Jeff,

My wish for you that the old document is not ever found.

Attachments are only available to registered users.

Register Here


Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
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Thanks again.

Doug

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