Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Is grandfathering of property you have been taking care of…

Customer Question
Is grandfathering of property...

Is grandfathering of property you have been taking care of for 45 years legal

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ca

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Our next door neighbor says 4 inches of our property belongs to him, he has come on our side of fence and dug a trench twice from lengh of our house to sidewalk, also took white paint and painted on grass where the 4 inches are.

Submitted: 7 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
1/1/2018
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,921
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

It is called "adverse possession" and under CA law he would also have to prove that in addition to using the property of another openly and against the rights of the owner, he was also paying taxes on the property. If he cannot prove that he was paying taxes on the property he was using or if you can prove you granted permission for him to use the property, he could not claim ownership by grandfathering or more legally called adverse possession.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 126,921
126,921 Satisfied Customers
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I'm trying to figure out is a certain side of my fence line
I'm trying to figure out is a certain side of my fence line is mine or not. The land survey shows the iron rods on all 4 corners of the outline of where the fence is, but only has one side (the side t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,366 satisfied customers
I live in Wheaton, IL and when I moved into my husband's it
I live in Wheaton, IL and when I moved into my husband's it had a white fence surrounding the backyard. This was in 1976. My husband died in 2012 but I believe this fence was there in1972 when he boug… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,206 satisfied customers
Is there a charge for this service? how much is the cost
do you have a lawyer that knows HOA law? property law associated with HOA's? … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
Doctoral Degree
126,921 satisfied customers
Property issue. It seems our driveway encroaches on our
Property issue. It seems our driveway encroaches on our neighbors property by about 4". The driveway has been there for approx 66 years in the same spot since it was my grandparents house, then my dad… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
My HOA has threatened that if I dont "consistently" maintain
My HOA has threatened that if I don't "consistently" maintain my landscaping (front, sides, and backyard) that they will not notify me and come on my property, complete the work, and charge my dues ac… read more
socrateaser
socrateaser
1,031 satisfied customers
We had put up a wooden "white" fence several years ago. Prior
We had put up a wooden "white" fence several years ago. Prior to that there was a chain link fence that was on the neighbors side. We put up our own posts on our side of the property and attached the … read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
We reside in Decatur, Georgia. Our next door neighbor has
We reside in Decatur, Georgia. Our next door neighbor has decided to plant a tall tree on his side of the property line in his front yard. Now the tree branches are overhanging to our side of the prop… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My neighbor planted bamboo all along her driveway and has failed
My neighbor planted bamboo all along her driveway and has failed to you the correct type of barrier to keep it from spreading to my yard even though I showed her the correct barrier to use. She now sa… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
We have a strip of land next our property, 6ft wide and runs
We have a strip of land next our property, 6ft wide and runs the entire lengh of our property. Grandad took care of it for 40 years, we've been taking care of it for 20 years, weeding it, mowing the g… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
There is a fence between our house and the house next door.
There is a fence between our house and the house next door. When we moved in in 1984 this fence was already there. The property line pin marks the property line about 2 feet to our side of the fence. … read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers
my neighbor keeps mowing about two feet of my property even
my neighbor keeps mowing about two feet of my property even though I mowe it myself. I told her not to mow my property , but she keep's telling me it is her property. What do I do to make her stop or … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I bought a house in Texas in Feb 2010, the survey shows the
I bought a house in Texas in Feb 2010, the survey shows the fences are in on my property on one side 4 feet in front and 2 feet in on the back, I asked the people next door if they own the fence or me… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
There is a condo complex to the rear of my property. When
There is a condo complex to the rear of my property. When built, the owners removed our dilapidated fence and built a new one that was somewhat lower than the old one because their property is lower t… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
We have a driveway shared by two neighbors. One to be nice
We have a driveway shared by two neighbors. One to be nice (he has legal rights to a road way off of his property), but the other because he thinks he has an easement. Neither the title company nor th… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
I have a 54-foot, chain-link (CL) fence that the original ...
I have a 54-foot, chain-link (CL) fence that the original owner of my house put in 30+ years ago, the poles are on the outside. This CL fence butts up to my wood fence. At some point, the next door ne… read more
Mike Law
Mike Law
Doctoral Degree
We have lived in our home for 27 months now and have ...
We have lived in our home for 27 months now and have nothing but trouble with our only neighbor, we live on the corner. We had our land surveyed last year because they accussed us of cutting too much … read more
AlanM
AlanM
Law Degree
817 satisfied customers
In trying to put in a garden bed, my neighbor has dug about ...
In trying to put in a garden bed, my neighbor has dug about 12" deep x 15'' long trench that he put right on the property line. Of course part of this trench has extended about a foot onto my side of … read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers
My neighbor built a fence over ten years ago. This fence ...
My neighbor built a fence over ten years ago. This fence divides our porperty in our front yard. on my side of the fence, My neighbor declaires that the property , five to six inches of the property o… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x