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    1. G

      condo water damage

      What is the name of your state? CA We own a condo that our daughter is living in with some other tenants. They were attempting to replace the kitchen faucet and the shutoff valve under the sink failed. They shutoff the water supply outside immediately and a professional plumber was summoned...
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      Attorney Fees

      What is the name of your state? CA I came accross an article regarding regulation of attorney fees that states that attorney fees in California are primarily governed by the Business & Professions Code and by State Bar Rules of Professional Conduct. There were several facts in the article...
    3. G

      mous931

      Sounds good...I'd like to bank on it. However, from the same case there is also this note, which sounds to me like in some obscure special cases, it doesn't matter if the boundary could be surveyed: *FN 1. It has been stated in some cases that a boundary is considered definite and certain when...
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      mous931

      I have seen "agreed boundary doctrine" mentioned several times while looking through CA case summaries (yes, I know he is talking about New York, but I think CA case summaries are not the same as comic books). I don't personally like the idea that anything could override a survey. I just would...
    5. G

      mous931

      Question for lawyers out there: could this possibly qualify as an agreed boundary? I recollect reading that if adjacent owners are uncertain as to where the correct property line is, and get together to specifically decide where it is, that it would become the new boundary line. Or are...
    6. G

      Fencing in school property

      Since the school doesn't care, and neither of you have rights to this property, why don't you compromise and build a fence from the corner of the school property to the corner you have in common with pesky neighbor?
    7. G

      Property surveyed without my persmission

      I am assuming the tall stake is just to make it easy to find the stake that is flush with the ground (hopefully a metal pipe), which is the actual property marker, and its exact position is not important. As I said, I had a similar situation with our survey markers. When the neighbor...
    8. G

      Property surveyed without my persmission

      Whether you have to or not, in my opinion, you should. You should also be really nice to your neighbor as it is his land you are using, and possibly he really hates the trees that were planted on his land without his consent.
    9. G

      Property surveyed without my persmission

      I expect the stakes you removed were just there to make it easy to find the markers that are flush with the ground. At least that is the way our surveyor marked our property lines: 3 foot stake with a flag next to a pipe pounded into the ground. As far as the pipes, or monuments, are...
    10. G

      New Neighbor - Wants replacement fence

      Thanks for clearing that up IAAL! .
    11. G

      New Neighbor - Wants replacement fence

      Question to IAAL: What if Mom's property is inclosed? Doesn't she then have to pay half? Does it matter if she didn't do the inclosing? .
    12. G

      New Neighbor - Wants replacement fence

      Not pretending to know how this is interpreted by courts along with the findings of a survey, but the relevant statue from the CA Civil Code: 841. Coterminous owners are mutually bound equally to maintain: 1. The boundaries and monuments between them; 2. The fences between them, unless...
    13. G

      Right of way or noway?

      For what it's worth, my interpretation of the post by BelizeBreeze is that your neighbor can pave his 5 feet, but not your 10 feet, but only so long as it doesn't keep you from using his 5 feet, and vice versa. And, so long as your drain is onto your 10 feet, your neighbor can do nothing...
    14. G

      Next Step

      Why do you agree that the easement is exclusive although there is no documentation to that effect? Especially since the grantor says the intent was to share access.
    15. G

      fence moving and location

      I didn't say it had anything to do with Missouri law. I was just suggesting that the poster should make sure about Missouri law before doing anything. When this situation arose for me in CA, the first two attorneys I talked to also told me that I could just take the fence down. No problem...
    16. G

      fence moving and location

      The CA Civil Code of Procedure is 1159: 1159. Every person is guilty of a forcible entry who either: 1. By breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstance of terror enters upon or into any real property; or, 2. Who, after entering...
    17. G

      fence moving and location

      I suggest you get more information about Missouri laws before tearing down the fence. As ridiculous as this sounds, if you were in California and tore down the fence against your neighbor's wishes, you could be prosecuted for forcible entry despite having title to the land the fence is on...
    18. G

      Recorded Survey

      What is the name of your state?What is the name of your state?CA What is the value of having a survey recorded by the county surveyor and county recorder? Does a survey so recorded have more 'legitimacy' than one that is not? For example, if there were 2 surveys of the same area that...
    19. G

      Left side / Right side of property Who's Responsible?

      California Civil Code 841. Coterminous owners are mutually bound equally to maintain: 1. The boundaries and monuments between them; 2. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to...
    20. G

      adverse posession

      In some states payment of taxes is required for adverse possession no matter how long the land has been in use. You should also find out what the requirements are for a prescriptive easement in your state.

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