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Property encroachment- grandfather laws?

Posted on : 06-30-2009 | By : Legal Information | In : Easement, Grandfather Law, Other Legal Topics, Real Estate Law

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We’ve lived in our home (San Rafael, Calif) since 1990 without incident. Our home is on a ridge among many other homes built on a subdivision back in the late 1950s.
Last week I discovered city surveyors behind our home measuring property lines, after which they informed me that a portion of our yard was on the new owner’s property line. The property behind our home is on a slope (bascically open space) We actually tracked down the original owner (amazing) who said that when they had the home they asked the previous owners if they could extend their back yard over the contested space and they agreed. (apx 150 sq feet)

Do we have any grounds on keeping our yard intact without having to spend thousands of dollars on transferring or purchasing the plot of land? We were never told about the discrepancy when we purchased our home.

Regards,
Louis

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