How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Nishan Parlakian Your Own Question
Nishan Parlakian
Nishan Parlakian,
Category: Real Estate Law
Satisfied Customers: 56
Experience:  Principal at Consumer Law Office of Nishan Parlakian, Esq.
Type Your Real Estate Law Question Here...
Nishan Parlakian is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: Real Estate Law
Expert:  Nishan Parlakian replied 1 year 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 1 year 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.