Legal Question in Real Estate Law in California
Hello,
We have an issue where past neighbors had encroached on a corner of our property. They sold off their property and the new buyers are building a home on the land. They approached us saying they have become aware of the encroachment after they bought the property, and expressed a desire to resolve the issue. We want to sell them the encroached portion to resolve this. Had a few questions:
- Is a sale like this similar to a regular full property sale?
- What kind of paperwork are we required to file with the county for this sale?
- Who do we approach to re-do the maps since both the neighbor's and our property maps will change after the sale?
-Are there any legal issues we should be aware of before making this sale?
Thanks in advance for your help.
2 Answers from Attorneys
You could do a "lot line adjustment" which would move the boundary shared by the two lots. This requires hiring a surveyor, and applying to the local land use authority for approval, etc. An easier way, perhaps, is for you to leave the lot line where it is, but to grant an easement to the neighbor to occupy your land. You don't say what exactly encroaches on your land. If it is a permanent structure, you're not really supposed to use the easement process, but some people do it. You need to consult a real estate lawyer in your area.
Mr. Collins is pretty much right on. Your local planning and building department (or planning if they are separate) would have jurisdiction over a lot line adjustment such as you are proposing. That is who I would approach first and they will let you know what paperwork you need to submit. Mr. Collins mentions a survey, which will indeed be required. What other paperwork you need will depend on your local jurisdiction. It is NOT like a full property sale at all. You will need an agreement between you and the neighbor as to how much you will be paid, and who will pay for the survey and other fees and expenses. It doesn't need to be a very long or involved agreement, but should be drafted to cover everything that the local agency requires, who will do it and who will pay for it.