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What can a homeowner do if a neighbor wants to dissolve a property line agreement?

Question Details:My mother has owned her house for over 30 years with an agreement regarding the property lines with various owners of the house next door, and a new neighbor recently purchased the house next door and now wants to dissolve the previous agreement. What can my Mom do?

Asked 2 years ago under Real Estate | 680 Views | More Legal Topics

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Robert Spitz | Robert J. Spitz, Attorney at Law Answered 2 years ago This Ontario, CA attorney is licensed in California

Your mother's remedies and options depend upon the content of the agreement.   She needs to have the document reviewed by a "California" real estate attorney in order to determine her best course of action.

You can contact my office for further advice.

Robert J. Spitz

909 395 0909

B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 2 years ago

Your mother needs to talk to a lawyer about this, as soon as possible; if the agreement is or was in writing, she'll need to bring that along.  However, I'm afraid that there's a significant chance that the agreement won't override the legal descriptions of the lots.

Because there was an agreement with the former neighbors, it's almost certain that your mother can't claim ownership, over any property on the other side of the "official" line, by having used or occupied it, under the doctrine of adverse possession, because that requires occupation that is "hostile," in the sense of a claim of a right to do so.

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