Legal Question in Real Estate Law in California
Encroachment Remedy
We purchased a commercial property that encroaches onto the neighbors property. This has been a long standing issue with the previous owner, and was never resolve prior to selling (needless to say, we were compensated for the issue). The neighbor has never filed suit over the encroachment since its construction.
Background:The fire wall of the building is what at the center of this issue. We tried negotiating a lease for the encroached space, but the neighbor was not friendly, and refused all offers.
Now we want to just demolish the wall (50 sqft, stretched over 80 linear feet- I think the term is ''triffle''?) and reconstruct it back on our property to resolve this problem. However, the neighbor will not let us on his property to correct this encroachment (already asked) and they are also claiming that we cannot touch the wall to the building (they say its their wall, because its on their property).
We just want to resolve this issue ASAP. Can they prevent us from doing this construction? is that portion of the building still ours? Do they have any right to sue (ie-statutes of limitations)? Are we liable for damages if we remove this old encroachment?
3 Answers from Attorneys
Re: Encroachment Remedy
You may have to claim adverse possession and claim that the property is now yours as a leverage. Contact me directly.
Re: Encroachment Remedy
I have experience litigating encroachments, easements, adverse possession, and property line issues that people were unable to resolve, including in the commercial context. I have used county officers as experts to help remedy such disputes. You should not do anything until you hire a lawyer who is knowledgeable in this area. One of my biggest concerns is that something you may have already said or put into writing may have harmed your legal case. For instance, you may have acquired the property on which your building sits by means of adverse possession, even if the surveys and county documents show that the property line is somewhere else. The property line can be moved or adjusted not only by agreement, but by possession of the land. I would need to evaluate your case before I could tell you the precise course of action, but it is not impossible that you are already the legal owner of that land. Please call me to discuss.
Best,
Daniel Bakondi
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.
Re: Encroachment Remedy
Are you in Southern California? If so, contact us. There are various theories which may suggest the wall is located on an agreed upon boundary. You may also be able to just ignore the wall and build another one in front of it on the property line or on your own property. We have dealt with these issues before. Your rights depend on the particular facts and history of the wall. Feel free to email or call for further information.
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