Ask Roxy is a public service blog from the Law Offices of Roxanne Sher Olson (www.roxanneolson.com). Roxanne is an attorney in Santa Cruz, CA. Email your questions to askroxy@roxanneolson.com
You may be surprised at how often I get this question. Usually there is a story: years ago someone put up a fence to keep the cows out of the orchard or the foxes away from the chickens or the kids in the yard. Maybe no one knew where the property line was back then or maybe they did, the “who knew what who said what who agreed to what” is usually in dispute, but what is clear is that one party is using property on the wrong side of the surveyed official property line, and Mr. Robinson is suing his neighbor.
Frequent readers of Ask Roxy know that this is the paragraph where I digress into historical context and the history of this area of law is interesting. First you have to know that the basis for real estate law (and most laws really) in the United States came over on the boats with the pilgrims from England. In the English common law system the highest, best form of ownership of “real property” (“real” meaning land as opposed to stuff) is called “fee simple.” Thats what you have if your name is on the deed as opposed to some lease agreement. Of course there are exceptions such as life estates, but they are more rare and they are clearly identified on the deed.
By the way, the word “Fee” is derived from “fief” so I give you permission to tell your relatives that you bought your own fiefdom.
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