이웃집과 우리집 울타리에서 우리집안으로 5ft정도가 자기네땅이라고 우기는데
말도안되는 이문제를 어떻게 해결해야하나요
county에물어보니 개인적으로 Serveyor's report를 하는방법밖에업다고하는데
Minimun charge가 $1500불입니다 도독놈들. 이웃이 그 서류를 갖고있다고만하지 아직도 제게 보여주지않고 증명을하지못하고있습니다
물론 $1500불들여서 확실하게할수는있지만 25년간이나 이런 상태로 살아오고있는데 이제와서 뚱딴지같은 헛소리를하는 이들이 법적으로 어떤문제가 관여되는지 알고싶네요. 들은바에 의하면 자기네땅이라도 아무 claim없이 10년인가 지나면 자동으로 내땅이된다는것을 들은것같은데 전문가님께서 속시원히알려주십시오.
1. 영어로 그런 법을 뭐라고 하는지
2. 이법의 내용이 어떤것인지
미국에사는 모든 한국인들이 꼭 알아야할 사항인것같습니다.
이 이웃에서 가드너를 시켜 울타리를 넘어와 우리집 나무를 잘랐습니다
제가 쉐리프를불렀는데 5피트가 자기네땅이라서 잘랐다고했다고 쉐리프가 property line을 확인하는게 첫째할일이라고 자기들은 더이상 할것이없다고합니다 Seveyor's report도 안보여주고 말로만 자기네땅이라고하는데
이경우엄연히 Trespassing [criminal case] 이고 불법으로 우리나무를 잘랐으니 [civil case]로 Maximum $5000 을 small claim court에 file 할수있겠죠?
제돈을들여 Serveyor's report를 할것이아니라 그들이 주장하는 property line 을 court 에서 그들이 증명해야할줄압니다. 조언을 듣고싶습니다.
감사합니다
....................................................
방금 찾아낸
California Adverse Possession
People have the right to keep unwanted intruders off their property. They do this all the time,
sometimes with fences or with signs, sometimes just by asking trespassers to please stay away.
In cases of serious, repeated annoyance or threatened harm, landowners can call the police.
They will usually warn the person to stay away and, if necessary, make an arrest. Trespass is a
minor criminal offense, and someone convicted of criminal trespass can be fined and jailed.
Another kind of trespass is more permanent: using another's property as an owner would use it. If
someone drives across a neighbor's land every day, it is a trespass unless the owner has granted
permission or the driver has a legal right, called an easement, to use that part of the neighbor's
property (see "Easements," below.) The other neighbor who just put up a fence two feet over the
boundary line is trespassing, as is the one whose garage has been in the wrong place on the
neighbor's property for several years.
These trespassers can also be asked to leave or warned away. But there's a chance that any of
them may in fact have a legal claim to the property.
ADVERSE POSSESSION
Many landowners are surprised to learn that under certain circumstances, a trespasser can come
onto land, occupy it and gain legal ownership of it. The trespasser may acquire a few feet of
property or whole acres in this way. If someone is using your property, even a small strip on the
edge, you should be alert to the risk.
A trespasser may also gain a legal right to use part of someone else's property; this is called a
prescriptive easement. (See "Easements," below.)
The legal doctrine that allows trespassers to become owners is called "adverse possession."
Although the name sounds nasty (and the results can be), the trespasser is not necessarily an
intentional evildoer—far from it. The trespasser may simply have made a mistake--relying on a
faulty property description in a deed, for example. In rural areas, the person who moves in and
occupies several acres may believe he owned it, having purchased it from a scoundrel who sold
someone else part of the Brooklyn Bridge. Questions about ownership often wind up in court after
an absent owner of rural property discovers that someone is living on his land or, when a piece of
urban property is sold, a title insurance company refuses to issue insurance because the
neighbor's garage is found to be standing squarely on the property. If the people involved can't
work something out, the property owner may sue the trespasser, or the trespasser may bring a
lawsuit to quiet title--a request for the court to settle who owns what.
REQUIREMENTS FOR OBTAINING LAND BY ADVERSE POSSESSION
A trespasser is entitled to legal ownership of property if his occupation of the property is hostile,
actual, open and notorious, exclusive and continuous for a period of years set by state statute.
(We explain each of these terms below.) Some states, such as California, also require the
trespasser to have paid the local property taxes on the land.(1) The time required, which varies
from state to state, is usually twenty years. It can be as short as five years when the trespasser
pays the property taxes.
이곳에서 계속보십시오
http://www.dot.ca.gov/hq/row/landsurveys/Study_material/California-Adverse-Possession.pdf
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