Trespassing Neighbors & Destruction of Easement

Rear neighbors & I purch, homes in 2 mo window 04-04 & 06-04. Neither had survey & Pd fair $ based visual inspections of boundaries. Neighbor discovered 06/06 shared boundary fence w/ stood uncontested > 5 yrs encroached onto their recorded parcel lot by 1600 ft. Neighbors made no attempt at discovery & without legal authority or prior notice, trespassed onto our land the afternoon of Friday 10/19/06 to destroy Servient Tenement over a 3 day weekend & prevent us court action to stop them. Neighbors used self help measures to unjustly profit from a mutual mistake. We pay $20 more a sq. ft. land in RE tax due to taxes are calculated on sale price. How can I convince the Court to grant Prescriptive Easement for sole use based upon the fact that I do pay land tax > $ factored upon my consideration of this property in my offer to buy? Rear neighbors pay < $ sq. ft. land by not considering land in their offer price? Do any of the following torts apply? Ca. Civ. 1013-1013.5; 1104; 3294

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If you can gather up all evidence explaining what you have said here, the court may very well grant an order resolving the problem in a way fair to both of you and not allowing your neighbor to take advantage of the error. This happens often.

World Law's lawyers could also probably help resolve this if need be. You may email them on the home page.