About Barry Clifford Snyder Expertise Snyder Law has handled construction law cases in California for over 30 years. The matters include construction accidents, contract disputes between owner and contractor, mold litigation, and bonding issues (performance and completion bonds). Feel free to call us with any question.
Experience Thirty (30) years extensive experience in the field, with over 105 jury trials completed by Barry Snyder. The firm has represented both plaintiffs and defendants in matters involving all aspects of residential and commercial construction. Claims include those as varied as mold exposure and performance and completion bonds, and will typically involve construction defects for condominium and housing projects or individual construction.
Organizations USLAW Network, Inc. www.uslawnetwork.org
Education/Credentials Barry Clifford Snyder has a B.S. from UCLA in 1970 and a J.D. from Loyola University School of Law in 1974.
Awards and Honors Barry Clifford Snyder was admitted to the United States Supreme Court in 1986 and is qualified to argue before that court.
Question First of all, thank you for your time and knowledge.
I live in California.
My neighbor's house burned down in a recent fire. He is now rebuilding, and in the process has found that "his" property line is about 10 FEET over into my yard. He wants the land (understandably, I suppose). Sadly, this means I will lose a $6,000 fence, my brick edging and sidewalk, all my landscaping including several full-grown trees, and my underground sprinkler system. All of this has been in the exact place that is currently is for ~17 years. The new property line will also be VERY close to my house, and I am not sure if it will be TOO close (~5 feet?). Also, there is quite a decline between our two houses and there may be some danger of sliding if he cuts into the hillside to move his yard over (his house is lower than mine and the disputed land is sloped).
Here are my questions:
1. Since the original builder (of BOTH houses) put the fence and other improvements where they are, and they have been there for 17 years, is there any way that I can "claim" that land as mine. I heard once that if you build onto someone else's land, then after enough time has passed, then that land becomes yours. Is this true?
2. I only bought the property 2 years ago. Is there any way I can reclaim some of my losses from whoever sold me the house? After all, they misrepresented the property by 1000 square feet or more. Or do I contact the real estate agent? Or the home inspection company? Clearly, as mistake has been made, but not by me, am I the ONLY one that will pay for this mistake? What about the original builder of BOTH houses, they are still in business I hear.
Any other suggestions?
Answer Mr. Klein,
You may have received a partial answer. If so, sorry.
You have a number of options here, none of which, I think, involve losing your property or fence. Here are my thoughts.
1. Immediately, go to the title insurance office of the insurance company who wrote your policy of title insurance when you bought the house. The policy insures you against defects in title, including boundaries. The title company should hire an attorney at its expense to file a "quiet title" action against your neighbor.
2. See an attorney who specializes in real property litigation. There may well have to be another action filed that the title insurance lawyers cannot file, against the builder for negligence in construction, etc.
3. There is a cause of action for adverse possession, under which you likely qualify. The requirements to obtain title through adverse possession are (1) Actual, open and notorious possession or occupation of the property with a claim of right to occupy that property - this is the fencing and occupation of the property (2) That claim must be adverse to the true owner, (3) The one claiming adverse possession must be in possession of the land for a continuous and uninterrupted period of five years - this includes possession by the former owners, which is tacked on to your two years, and (4) The possessor must have paid all of the taxes levied and assessed on that property for five years - and I assume this is true. This should be part of the quiet title action and you should make sure that it is included by the attorneys.
Just make sure that you get to the title insurance company as soon as possible before the neighbor does or builds anything on your property. If you need some more thoughts or assistance, feel free to call me. Barry Snyder 805.692.2800 or email me at bsnyder@snyderlaw.com
