If I am asked to move a fence to widen an access easement when the fence line has been there over 50 years ,, there is a new

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there is a new fence on the old fence line , a realestate co . is trying to sell the property behind mine and the easement is not 12 feet when measured its about 10 foot 8 inches my house is 7 foot from the fence I should have 3 meters but I do not my doors are 7 foot 6 inches they would hit the fence if I moved it toward my house .. what do I do

Attorney Answers

2
Shaun Boss ·
You should contact a real estate attorney in your area. You and your predecessors may have acquired prescriptive rights in the property within your fence and/or a portion of the easement may have been extinguished by non-use. If the fence is on what might be considered a boundary line, rights may also have been acquired in the property within the fence line if there was an agreement between the adjoining owners that the fence would constitute the boundary if the location of the true boundary line was uncertain.
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Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
You need to spend some money and contact a local real estate attorney. Your facts are confusing and not clear. There are many issues that need to be reviewed and considered before anyone can form an opinion regarding your legal rights. If you have homeowners' insurance, the first thing you should do is report the matter to your carrier. You may also want to report the matter to the title company that issued your title policy. Either, both, or neither may be implicated. Good luck.
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