Real Estate Law
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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
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.