My question involves real estate located in the State of: California.
Hello.
A while back I asked a question about a driveway easement that I have that goes across a neighbor's property line. This driveway has been in use since the house was first built in 1985 and otherwise makes my property land locked. She (the neighbor) told me that she is OK with the easement, but she is selling and who knows about the new owner. Note she has not sold yet.
So anyway, I pull up old drawings of a retaining wall that was built in 1990 and it also shows the property line. This was drawn up by a survey company that seems to be no longer in operation, so I cannot call to verify if they actually surveyed the property line or just drew it in as an "estimate".
Cut to present day, I am doing some work putting up fences in the back yard to build a play area for my son. Just as the work is finished, I get a text from neighbor saying that is her property and needs to all be removed. None of this work required a permit, so I didn't bother with the city. But my drawing from 1990 shows this is not her property. I show her and she just shakes her head saying no, no, no, this is not accurate. She has not shown me any official looking document yet supporting her claim.
Of course at this point I am willing to just tell her to pound sand, but I don't want to upset her in fear of her revoking the driveway easement and land locking us, which would make the house uninhabitable (there is a path out of the property, but there is no way to build a driveway on it without pushing the other neighbor out on the other side. think: 4 properties all shifted over by about 10 feet, with driveways built where convenient. My driveway is parallel to my neighbor who owns the land, forming really one wide driveway with different paver designs on each half, but if I had to build a driveway on the other side, that neighbor would have to move his home. I am not aware of how that neighbor got permission to build there, perhaps previous owner of my property gave them easement, they don't know either because all of these properties have changed hands more than once since initial construction).
So I go to the county tax board assessment website to get what is more or less a Google maps with boundary lines drawn over each property. These photos show the same driveway easement, but also show not only that the drawings I have are accurate, but actually ever so slightly wrong in the opposite direction (meaning these photos show I own about a 2 foot slice of property of hers).
So, before I pull the trigger on thousands of dollars on a new survey, how accurate would this drawing I have from 1990 be? Would a drawing from 1990 be legally binding? What about the current tax assessment web page? Would this be admissible?
All in all, wrong as she may be (I hope), she is otherwise quite nice as a neighbor and ok with the way the walls are set up. But I need to have my ducks in a row just in case some dispute does come up with a future owner of her property.
Thanks.
Hello.
A while back I asked a question about a driveway easement that I have that goes across a neighbor's property line. This driveway has been in use since the house was first built in 1985 and otherwise makes my property land locked. She (the neighbor) told me that she is OK with the easement, but she is selling and who knows about the new owner. Note she has not sold yet.
So anyway, I pull up old drawings of a retaining wall that was built in 1990 and it also shows the property line. This was drawn up by a survey company that seems to be no longer in operation, so I cannot call to verify if they actually surveyed the property line or just drew it in as an "estimate".
Cut to present day, I am doing some work putting up fences in the back yard to build a play area for my son. Just as the work is finished, I get a text from neighbor saying that is her property and needs to all be removed. None of this work required a permit, so I didn't bother with the city. But my drawing from 1990 shows this is not her property. I show her and she just shakes her head saying no, no, no, this is not accurate. She has not shown me any official looking document yet supporting her claim.
Of course at this point I am willing to just tell her to pound sand, but I don't want to upset her in fear of her revoking the driveway easement and land locking us, which would make the house uninhabitable (there is a path out of the property, but there is no way to build a driveway on it without pushing the other neighbor out on the other side. think: 4 properties all shifted over by about 10 feet, with driveways built where convenient. My driveway is parallel to my neighbor who owns the land, forming really one wide driveway with different paver designs on each half, but if I had to build a driveway on the other side, that neighbor would have to move his home. I am not aware of how that neighbor got permission to build there, perhaps previous owner of my property gave them easement, they don't know either because all of these properties have changed hands more than once since initial construction).
So I go to the county tax board assessment website to get what is more or less a Google maps with boundary lines drawn over each property. These photos show the same driveway easement, but also show not only that the drawings I have are accurate, but actually ever so slightly wrong in the opposite direction (meaning these photos show I own about a 2 foot slice of property of hers).
So, before I pull the trigger on thousands of dollars on a new survey, how accurate would this drawing I have from 1990 be? Would a drawing from 1990 be legally binding? What about the current tax assessment web page? Would this be admissible?
All in all, wrong as she may be (I hope), she is otherwise quite nice as a neighbor and ok with the way the walls are set up. But I need to have my ducks in a row just in case some dispute does come up with a future owner of her property.
Thanks.
Boundary Agreements: Are Boundary Line Drawings and Surveys in Tax Records Legally Binding
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