My question involves real estate located in the State of: CA
One year ago we bought the vacant land (8 acres) adjacent to our home. It had been vacant since 2013 after the home was lost to fire as well as the lives of the occupants. The neighbors on the other side of the land put up a fence for their horses and encroached on about 2 acres of the parcel. The property was in probate at the time so no "owner". When we bought the land it was surveyed and we informed them that we were going to fence it to keep their horses out of the stream as we were required to do that per our USDA loan as it is a protected waterway. The neighbors returned the favor by filing a restraining order against us which was eventually vacated. We tried again to put up the fence and we were met with a man and a gun. They claim that the land is theirs and that they had it surveyed (if so, it was never recorded) and that we are trespassing and that they were going to remove the fence. They say that if I want to dispute their unrecorded survey I need to hire a lawyer and take them to court. I can't afford a lawyer again (we hired one for the restraining order issue) and would like to try and do this myself. It is pointless to talk with them and I can't let them use the land because of the stream and the kind of loan I have. I know that the survey is correct by simply looking at the plot map and taking a few measurements, it is very obvious.
So my questions.
1. It has been a little over 5 years since the fire and death of the previous owner. I know that the "squatters" have not paid the property taxes but will adverse possession play into this since the land owner was dead and the land in probate when they started using it?
2. Is a quiet title the way to address this?
3. Can I try and do it myself?
4. Is my title insurance of any use?
5. Whose job is it to prove the survey is correct?
6. If they do remove my fence are the responsible the cost of materials and labor?
Thank you.
One year ago we bought the vacant land (8 acres) adjacent to our home. It had been vacant since 2013 after the home was lost to fire as well as the lives of the occupants. The neighbors on the other side of the land put up a fence for their horses and encroached on about 2 acres of the parcel. The property was in probate at the time so no "owner". When we bought the land it was surveyed and we informed them that we were going to fence it to keep their horses out of the stream as we were required to do that per our USDA loan as it is a protected waterway. The neighbors returned the favor by filing a restraining order against us which was eventually vacated. We tried again to put up the fence and we were met with a man and a gun. They claim that the land is theirs and that they had it surveyed (if so, it was never recorded) and that we are trespassing and that they were going to remove the fence. They say that if I want to dispute their unrecorded survey I need to hire a lawyer and take them to court. I can't afford a lawyer again (we hired one for the restraining order issue) and would like to try and do this myself. It is pointless to talk with them and I can't let them use the land because of the stream and the kind of loan I have. I know that the survey is correct by simply looking at the plot map and taking a few measurements, it is very obvious.
So my questions.
1. It has been a little over 5 years since the fire and death of the previous owner. I know that the "squatters" have not paid the property taxes but will adverse possession play into this since the land owner was dead and the land in probate when they started using it?
2. Is a quiet title the way to address this?
3. Can I try and do it myself?
4. Is my title insurance of any use?
5. Whose job is it to prove the survey is correct?
6. If they do remove my fence are the responsible the cost of materials and labor?
Thank you.
Surveys: Neighbor Says Survey is Wrong
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