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My neighbor says my side wall is 2 feet on his property I…

Customer Question
My neighbor says my...

My neighbor says my side wall is 2 feet on his property I have lived in the house for 23 years he bought his 12 years ago is my wall grandfathered in?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Anaheim California

Lawyer's Assistant: Has any paperwork been filed?

Not yet

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/5/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 9 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 15,688
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 9 months ago
ok
Real Estate Lawyer: Legal Eagle, Lawyer replied 9 months ago

Great, thank you! Bear with me a moment while I review…

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Customer reply replied 9 months ago
NO
Real Estate Lawyer: Legal Eagle, Lawyer replied 9 months ago

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. One moment while I review your situation.

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Customer reply replied 9 months ago
It's a simple and straight forward question, please give me a simple answer.
Thank you
Real Estate Lawyer: Legal Eagle, Lawyer replied 9 months ago

Hi, I'm a slow typer, but I"m actively typing your answer. I'll be with you in a moment...

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Customer reply replied 9 months ago
No
Real Estate Lawyer: Legal Eagle, Lawyer replied 9 months ago

I'm sorry, but are you willing to wait 2-3 minutes while I type up your answer?

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Real Estate Lawyer: Legal Eagle, Lawyer replied 9 months ago

Ok, I have concerns that your expectations and understanding of how this site works may not be something that I am willing to work with. Accordingly, I will opt out and hopefully within the next few hours someone will respond. Thank you.

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Real Estate Lawyer: Gerald-Esquire, Lawyer replied 9 months ago
Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,519
Experience: Over 30 years of experience
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Hello,

I am a different expert. Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The concept of "grandfathering" does not apply to disputes regarding private property.

BUT there is a law that is called "Adverse Possession." This law allows a person to claim property that thye have been using as their own after a certain period of time has passed.

It sounds like your situation is one of adverse possession and that you have a claim to this property.

Here is an excellent summary of the law on this:

http://www.dot.ca.gov/hq/row/landsurveys/Study_material/California-Adverse-Possession.pdf

These types of cases can become complicated. So if your neighbor does sue you you will want a real estate attorney to represent you.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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