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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My neighbor challenged me borderline that he red a land

Customer Question

My neighbor challenged me for the borderline that he hired a land surveyor did the measurement of his lot and he claims that I have used his land within his boundary. I purchased the home in 2004 and I have not altered any of the landscaping. He came in became my neighbor in 2011. We were with the same builder of the home built in 1964. His front length in the plot map is 30' and mine is 40.65'. He wants to drive the bulldozer into his backyard or pull the trailer into his backyard, which is his intention. How can I deal with the issue. Thanks
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

He cannot do anything until he actually files a "quiet title action" in an effort to gain legal title to the disputed section of land.

Hiring a survey company alone does not create any legal rights.

Boundary disputes (particularly with an area of land that has gone on for this period of time) are unlikely to result in a shift of property. However, if he were to actually "lawyer up" and file a quiet title action, I would recommend that you First: contact your title insurance company (they should provide you with a defense of the action - you can even notify them of the claim now); and Second: (if they don't provide you with a lawyer for whatever reason - this is another matter), hire your own attorney to defend the action.

Here is a decent summary of the law (it is not exhaustive by any means): http://www.clta.org/for-members/legal-disputewallfence.html

If he attempts to bulldoze, traverse, or otherwise encroach on your property for any reason, you can sue him for trespass.

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