I have a sprinkler line that runs underground 2" into neighbors land. Adverse Possession apply?

Question

The sprinkler was there when we moved in 3 1/2 years ago. It was put in my original builders 8 years ago. I was not aware of it until the neighbor came over and complained the sprinkler head was watering her yard too much. So I had the sprinkler head removed and reconnected the pipe under the ground. Now the neighbor came over to say that we have to remove the pipe completely from their yard. I would just cap it off- but it is the main line to feed all the other sprinklers in front yard. Is there a case for adverse possession maybe? Or any other way to get out of this. We have no money to move it......Oh- we live in California. Thanks for the help!

Answer 1

Did you pay the neighbor's property tax for 5 years? No. I doubt adverse possession applies.

Is your fence in the right place? Why not call a surveyor to verify that the fence is actually on the property line. You might discover the pipe is on YOUR property!

Of course, the $500 spent on a civil engineer would best be spent on moving that pipe. And, if you buy one of those narrow trenching shovels, you could dig a new trench on your side of the fence, run new pipe there, tie in the new service and just cap off the old line. If that neighbor wants to dig it up, rent your shovel to her.

And, in California, you'll find ditch-digging labor standing outside the Home Depot. Go get one of them in the morning and by noon the job is done for about $250.

Answer 2

It will cost but maybe get a surveyor out and make sure that it really is on their land and they are not just being crummy neighbors.

Answer 3

Adverse possession does not apply here, in the least.  You would need to be using her land in an uncontested manner as if it were yours, while paying property tax on same.  She has now informed you that the pipe is on HER land.

The builder made a silly error, but probably isn't going to take care of this after more than ten years.  Your neighbor has a legitimate gripe.  Call a contractor and move the pipe to your own property.

Answer 4

No, adverse possesion does not apply here.

Answer 5

Adverse possession will not apply for a few more years, and you have to be paying her property tax.    I doubt you have been handling the tax portion.

You need to remove the pipe, this is not a big deal.