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Nishan Parlakian
Nishan Parlakian,
Category: Real Estate Law
Satisfied Customers: 56
Experience:  Principal at Consumer Law Office of Nishan Parlakian, Esq.
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I found out my neighbor established a fence on my property

Customer Question

I found out my neighbor established a fence on my property easement about 7-10 years ago. Since it has been so long, can I have the fence moved? I estimate the fence is about 6 feet on my property.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Nishan Parlakian replied 8 months ago.

Hi, well the time for any type of adverse possession is years. That said, strictly speaking, your neighbor would have had to pay taxes on that piece of land and otherwise improve it. Doesn't seem to me like that has occurred. Also if there was a misunderstanding of the property line, that too would favor your action to remove the fence, The other issue is that if it is an easement then there should be no fence. The idea of an easement is to permit and facilitate movement between the properties or around an obstacle which necessitates trespass on your property. So based on what you have given me for facts and based on California law this is what I conclude thus far. Please advise if you have additional facts. Best, Sean

Expert:  Nishan Parlakian replied 8 months ago.

Oh yes, one other issue, when you say you found out, any adverse possession of your property would have to be "open and notorious" being that you found out seem st suggest it was not open or notorious.