Facts

In 1994, plaintiff Jose R. Aguilar purchased residential property in Los Angeles. Aguilar's property adjoined property owned by defendants Warren and Jan Davis. The Davises had purchased their property in 1968. Unbeknownst to them, an room addition added on the Davises property before 1968 extended over the property line onto the property Aguilar later purchased.

The encroachment was discovered in 2006 when Aguilar was excavating his property. During the project, Aguilar's architect recommended that he retain the services of a surveyor to get an exact configuration of the property. They discovered that the Davises' home extended 10 feet over the property line.

Aguilar sought a court determination that the portion of the Davis house extending over the property line was a nuisance and an order requiring it to be torn down.

The Davises sought to quiet title to the portion of the Aguilar property on which their house encroached.

PLAINTIFF'S CONTENTIONS:
Aguilar contended that the Davises' home extended past the property line and that the encroaching portion should be demolished to conform with the property line.

DEFENDANTS' CONTENTIONS:
The Davises claimed they had acquired the land that extended into the Aguilar property through adverse possession. The Davises contended that the requirements were fulfilled including payment of property taxes for over five years.

Result

The court ruled that Aguilar's claim was barred by the statute of limitation and quieted titled as the Davises requested.