California Real Estate Litigation | Public Law and Legal Information

The most typical real estate lawsuit between neighbors are boundary disputes between their adjacent qualities. Real estate lawyers who offer neighbor-on-neighbor boundary legal cases can attest that, of all kinds of property lawsuit, boundary lawsuit could be ugly, hard fought against and bitter. Theoretically, these kinds of legal cases ought to be simple to settle. The parties can conduct market research marking the legal description from the property to look for the true legal limitations from the property. However, just because a man?s home is his castle, lawsuit between neighbors could be contentious and emotional. Oftentimes the only real true those who win would be the lawyers.

One from the legal concepts involved with boundary legal cases may be the ?agreed-boundary doctrine?. Generally, the legal description of land found in a deed sets forth the limitations between your qualities. In other words that there?s a legal description recorded using the County on the deed which sets forth the limitations between qualities. This boundary could be determined by getting market research done.

The agreed-boundary doctrine is definitely an exception to that particular general rule. The doctrine provides that after two adjacent proprietors who?re uncertain from the true position from the common boundary between your parcels accept the real position from the common boundary, measure the level on the floor or construct it up, and occupy both sides for any period comparable to the statute of restrictions, then such line becomes the boundary. An agreed-upon boundary may also be established whenever a party depends on the agreement and also to change it out would cause substantial loss.

The concept behind the doctrine would be to allow parties arrive at a contract which prevents future legal cases. Once the doctrine is used, this will make it binding on successors. California law provides the doctrine might be invoked only under carefully specified conditions. The sun and rain needed to prove title by agreed boundary are [1] an uncertainty regarding the true boundary line, [2] a contract between your coterminous proprietors fixing the road, and [3] acceptance and acquiescence within the line so fixed for any period comparable to the statute of restrictions or under such conditions that substantial loss could be triggered with a change of their position.

Oddly enough, a correctly recorded and openly available deed which sets forth the boundary description doesn?t always defeat a claim under this doctrine. Because the critical real question is the parties? intent to produce a boundary to stay their subjective uncertainty regarding the true line, the weight of authority has thought about it immaterial the true line might have been determined with a proper survey. It?s not needed the true location be absolutely unascertainable. The California Supreme Court confirmed this lengthy-standing rule if this specifically rejected ?to limit use of the agreed-boundary doctrine to instances by which existing legal records are insufficient to stay a boundary dispute.? The court described that ?this kind of inflexible rule would risk destabilizing lengthy-standing contracts?produced in good belief by coterminous property proprietors to be able to resolve uncertainty regarding the location of the common limitations?that may, for just about any one of countless reasons, attend variance with legal property explanations or survey results.?

Is really a fence an agreed-upon boundary? The mere information on fencing won?t result in a court to infer a contract without proof of this kind of agreement. The truth that fencing is somewhere apart from about the true boundary line doesn?t implies that the home proprietors had some uncertainty regarding the property boundary or the fence was meant to resolve such uncertainty. Even when a fence had been around for several years, this by itself doesn?t fulfill the requirement that there has been some uncertainty towards the boundary or the fence was intended being an agreement in regards to what the boundary ought to be. A California court has held that ?when existing legal records give a grounds for fixing the boundary, there?s no justification for inferring, without additional evidence, the prior proprietors were uncertain regarding the position of the true boundary or they decided to fix their common boundary in the location of the fence.

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Source: http://www.pamplinfire.org/california-real-estate-litigation.html

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