Legal Question in Real Estate Law in California
Homeowners question:
Homeowner A has a garage that crosses Homeowner B's property line by a significant amount. Say, several feet. This shed has stood there for 30 years, with no objection by Homeowner B. Then, Homeowner B suddenly wants A to remove the garage - or at least lop off the part that crosses the property line.
How difficult is Homeowner B's case? Is there a "use it or lose it" principle here?
Related Community question:
City A owns a set of railroad tracks running through a neighborhood of 1 & 2-family homes that have been unused for 35 years. Then, City A decides to establish a new rail service using these tracks, a service that is much heavier in use than the service that ceased 35 years ago. Residents object to the newly-introduced noise. City says to homeowners, "you chose to live next to railroad tracks, you have no reason to object."
Do the homeowners have legal recourse?
2 Answers from Attorneys
If this is not academic, then the first question raises the issue of adverse possession, the second has issues of eminent domain, and the city charter. Contact me directy
The first question cannot be answered without a lot more information about the history of the situation. If the encroachment was known all along by all prior owners and allowed, the situation is different than if the encroachment was only just discovered. There are also numerous other facts that come into play, including how the parcels were mapped and appraised by the county.
On the second question, the home owners probably have recourse under CEQA, the California Environmental Quality Act. The city's decision most likely requires an EIR and other proceedings to deal with the neighbors objections. You need to contact a CEQA land use specialist on that issue. Since Mr. Barne doesn't even know that eminent domain is completely irrelevant to property the city already owns, you might want to go with someone else. ;)
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