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Ratings. Guidance. The Right Lawyer.
CA real estate law, determining real property lot lines
Sacramento, CA
Viewed 441 times.
Posted 12 months ago in Real Estate
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Real estate lot line:
Location: Unicorporated area of Sacramento county CA.
Issue: Lot line abandonment. Background: Our home has a fence located inside our property line. There is approximately ten feet of our property on the other side of the fence. Homes have recently been built on the other side of the fence. The neighbor on the other side of the fence has not put up their own fence. Question: What do we need to do to ensure that the ten feet of property on the other side of the fence remains ours and is not considered to be abandoned?
Additional information
The neighbors are well aware that the property is ours. Previously, they requested (and we gave) our permission for them to trim the lower branches of the trees on that side of the fence to deter wildlife from using it as a path. Answers (3)
Doris Elaine Lemieux
This attorney is licensed in California.
Posted 12 months ago.
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It's not likely to be considered abandoned; but there could be confusion as to the property line. Assuming you have had it surveyed or have a copy of the survey, make sure the boundary stakes are visible. Also talk to the neighbor. They may try to use the property to establish an easement. You might offer them a license to use the strip of land. Or put up some kind of fencing to the property line.
When lines are unclear, many times neighbors innocently use to the fence assuming it is the property line. It is your responsibility to make sure the boundaries are clear. Hope this helps. Check my blog Land Use News for more info on this topic. 
Melissa Cari Marsh
This attorney is licensed in California.
Posted 6 months ago.
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i would strongly suggest you obtain a survey, then a permit to move your fence, and then I would rebuild the fence on your side of the property line, but only by about 2 to 6 inches.
For more information on neighbors fences and trees, please visit my website at www.yourlegalcorner.com Disclaimer. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship. 
James Joseph Falcone
This attorney is licensed in California.
Posted about 1 month ago.
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The law regarding prescriptive easements in California residential neighborhoods is on your side in this situation, as I discussed in a blog post noted below. The above answersa are correct in pointing out that you should take steps to identify the true line, and use your property to avoid any confusion in the future. The neighbors could move and the new neighbors may put up fences, or otherwise make your life more complicatioed.
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