My question involves real estate located in the State of: California
My house is one of several dozen which back up to a city owned park. The park is totally unimproved, very steep, and barely maintained. No one uses it as a park and the city has no plan to do anything with it. In essence it's a hillside that leads up to a water company access road with private property further up from that. For over 25 years most of the homeowners opted to fence in a portion of the park land to extend their back yards. This was done prior to us moving in in 2004 and we were told that while we didn't own the land and shouldn't build permanent structures on it we were free to use the land as we wished. By now most homes, including ours, have no separation between the property line and the additional park land and everyone adheres to the same depth for a consistent look.
This week we received a letter from the city that a complaint was made and now we all need to take down the back fences which reside on the park land. This would be costly since it would involve also putting up a new fence on our property line and reconfiguring decades-old landscaping. My question is whether we can claim adverse possession or a prescriptive easement in this situation. I know that's generally a no-go since it's city-owned but it's been a very long time and otherwise meets the criteria other than paying property tax on the extra land.
Any advice would be greatly appreciated!
My house is one of several dozen which back up to a city owned park. The park is totally unimproved, very steep, and barely maintained. No one uses it as a park and the city has no plan to do anything with it. In essence it's a hillside that leads up to a water company access road with private property further up from that. For over 25 years most of the homeowners opted to fence in a portion of the park land to extend their back yards. This was done prior to us moving in in 2004 and we were told that while we didn't own the land and shouldn't build permanent structures on it we were free to use the land as we wished. By now most homes, including ours, have no separation between the property line and the additional park land and everyone adheres to the same depth for a consistent look.
This week we received a letter from the city that a complaint was made and now we all need to take down the back fences which reside on the park land. This would be costly since it would involve also putting up a new fence on our property line and reconfiguring decades-old landscaping. My question is whether we can claim adverse possession or a prescriptive easement in this situation. I know that's generally a no-go since it's city-owned but it's been a very long time and otherwise meets the criteria other than paying property tax on the extra land.
Any advice would be greatly appreciated!
Adverse Possession: Adverse Possession or Prescriptive Easement of City Park Land
Aucun commentaire:
Enregistrer un commentaire